Ashok Kumar Joshi, J. - (1.) Appellants/Original defendants have filed this second appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 15.07.2011 passed by the Thirteenth Additional District Judge, Gwalior in regular civil appeal No.9A/2011, whereby the eviction decree passed on 30.11.2010 by the Eleventh Civil Judge, Class-II, Gwalior in Civil Suit No.49A/2008 is affirmed on the ground envisaged under Section 12(1)(f) of Madhya Pradesh Accommodation Control Act 1961.
(2.) Admittedly appellants are tenant in a part of the ground floor of the building No.30/17 situated at Kesharbag Colony, Mela Road, ward No.16 of Gwalior of respondent/original plaintiff for nonresidential purpose, whose rent was fixed as Rs.250/- per month by the Rent Controlling Authority vide order dated 17.05.1975. Plaintiff/present respondent filed a civil suit on 18.05.2007 for eviction of tenant and for getting vacant possession of suit accommodation on the pleadings that from the life time of grandfather of the plaintiff an old factory is running and doing business in title of "Gangwal Metal Industry" and due to increasing in the members of family, each member is now separately running his business. Plaintiff Vikas Gangwal had started business of road construction as contractor and plaintiff is registered as Class "A-1" Contractor under CPWD and plaintiff had get a contract for construction of highway. Plaintiff is bonafidely required the suit accommodation for opening his office for his work of contractor of road construction and presently he is running this business from a part of shop situated in Naya Bazar in Gwalior City, which is of the ownership of his nephew Prashant Gangwal. Presently plaintiff is feeling much difficulty at Naya Bazar, because there available place is very short and Prashant Gangwal has large business of his own and plaintiff wants to increase his above mentioned work by keeping more employees and for this purpose plaintiff is not having any other alternative suitable non-residential accommodation in Gwalior Municipal Corporation limits. Plaintiff's other tenant in the building which contains suit accommodation are tenant for residential purpose. Prior to filing a suit, rent was due towards the defendant from 11.04.2007 and prior to filing of suit arrears of rent were also demanded by a notice sent by registered post and by which the tenancy of the defendant was also terminated, but tenant did not comply with the notice. Plaintiff is entitled to receive the rent of suit accommodation at the rate of Rs.550/- per month. Hence, eviction of tenant and vacant possession of suit accommodation was claimed alongwith arrears of rent.
(3.) Defendants denied the plaintiff's adverse pleading on the grounds that plaintiff has not produced any documentary evidence and in the same building containing suit accommodation, there are other tenants of plaintiff. Plaintiff and his brothers and father are consisting a joint family, who is owner of large immovable properties. Suit accommodation is not bonafidely required by the plaintiff for the pleaded purpose. Plaintiff is having other properties within the limits of Municipal Corporation Gwalior. Plaintiff and his family has constructed about 200 shops in Gwalior just before filing of the suit and have allotted this only constructed shop to the tenants. The rent upto the month of June 2007 had been sent to the plaintiff by money orders and the rent from July, 2007 to October, 2007 has been deposited in the Court and no rent is due. Plaintiff is desirous of enhancing the rent and hence eviction suit has been filed on the false grounds. Plaintiff is not entitled for any relief.;