ABDUL HAMID Vs. HAKEEM AHMED ULLAHKHAN

JUDGEMENT

(1.) THIS appeal by the plaintiff is directed against a judgment of the IInd Additional District Judge, Jabalpur dated 11th April 1975, affirming the judgment and decree of the IInd Civil Judge, Class II, Jabalpur dated 24th July 1963, dismissing the plaintiff's suit for eviction u/s 12 (1) (a), (f), (g) and (h) of the M.P. Accommodation Control Act, 1961.

(2.) THE plaintiff Abdul Hameed who is the landlord, brought the suit for ejectment of the defendant Hakeem Ahmedullah Khan from house No. 866, Omti, Marhatal Ward, Jabalpur, on the ground that the defendant was in arrears of rent from December 1967, i.e. for the period from 5.12.1967 to 4.4.1970, amounting to Rs. 600/ - @ Rs. 20/ - per month and did not pay the same despite notice, that he bona fide requires the suit accommodation for continuing his business in scents and perfumed hair -oils which he is carrying on from a rented premises and has no other alternative suitable accommodation of his own in the city for that purpose, that the house was in a dilapidated condition and unsafe for human habitation and it cannot be repaired without the defendant vacating it and that he wants to make substantial additions and alterations thereto which cannot also be carried on without the accommodation being vacated, under clauses (a), (f), (g) and (h) of sub -section (1) of S. 12 of the M.P. Accommodation Control Act, 1961. The defendant contested the claim of the plaintiff and dined all the allegations and pleaded that the plaintiff was not entitled to a decree for ejectment. Both the Courts below have negatived the plaintiff's claim, hence the appeal.

(3.) THE appeal must however, succeed with respect to the grounds mentioned in clauses (a), (g) and (h) of sub -section (1) of section 12 of the Act, as the learned Additional District Judge, I am constrained to say, has not applied his mind to the question whether the requirements of these clauses are fulfilled or not. Both the parties, indeed, agree that the appeal be remanded to him for a decision afresh.