MEHANDI HUSSAIN Vs. RAJESH KUMAR

JUDGEMENT

(1.) APPELLANT -defendant has filed this second appeal under section 100 of Civil Procedure Code against the judgment and decree dated 9.2.2005 passed by learned 1 st Additional District Judge Alirajpur District Jhabua in Civil Appeal No. 12-A/2004 confirming the judgment and decree dated 19.7.2004 passed by learned Civil Judge Class I, Alirajpur District Jhabua in Civil Suit No. 36-A/2002 wherein the decree was passed against the appellant defendant under section 12 (1) (c) and (f) of M.P. Accommodation Control Act, 1961.

(2.) THE admitted facts of the case are that the defendant is the tenant on the monthly rent of Rs. 441/- in the suit shop situated at Kothari Markt, Alirajpur measuring 10 x 10 ft.

(3.) THE case of the defendant is that the plaintiff has filed the suit simply for the enhancement of the rent and he is having enough space in his shop to run the business. It is further pleaded that the plaintiff has given on rent other shops and his requirement is not bona fide.