GOVIND JANGDE Vs. ARUN KUMAR SINGH

JUDGEMENT

(1.) This appeal by the defendants/tenants who have been ordered to be evicted from the suit premises is directed against the judgment and decree dt. 2-12-87 by Vth Additional District Judge, Jabalpur in Civil Appeal No. 68-A/86, reversing the decree dt. 2-9-86 of IXth Civil Judge, Class II in Civil Suit No. 629-A/87.

(2.) It is no longer in dispute that the plaintiff/respondent is the landlord of the suit premises bearing house No. 327/2 and 327/3 Gorakhpur, Jabalpur. The defendants/appellants are tenants therein on the monthly rent of Rs. 75/-. The plaintiff/respondent served a notice dt. 11-8-81, which was amended vide notice dt. 13-8-81 on the defendants appellants for vacating the suit premises.

(3.) The plaintiff/respondent averred that by virtue of deed of partition dt. 30-3-77 his father had partitioned the family property and in the said partition the suit premises had fallen in his share. Name of plaintiff/respondent also stands mutated in the Municipal records. It has been averred that Pannalal Jangde was the tenant in the suit premises and after the death of Pannalal Jangde, the defendants/appellants are the tenants therein on the monthly rent of Rs. 75/-. It was further averred that the applicant is a Government contractor and supplier and is registered as such with the irrigation department, P.W.D. etc. He required the suit accommodation for establishing and starting his office. He also intends starting agency of automobile parts and requires the suit accommodation for that purpose also, and that he had no other suitable accommodation of his own for the purpose in Jabalpur city. The defendants/appellants did not vacate the suit premises despite notice, hence the suit was filed.