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Issues:
1. Eviction of tenant on the ground of personal necessity under the Madhya Pradesh Accommodation Control Act, 1961. 2. Requirement of establishing ownership of premises by the landlord for eviction. 3. Interpretation of the landlord's bona fide necessity clause under Section 12(1)(f) of the Act. 4. Consideration of evidence and reversal of lower court findings by the High Court under Section 100 of the Code of Civil Procedure. The judgment deals with the appeal arising from a suit for eviction filed by the respondent against the appellant, who is a tenant in a shop in Madhya Pradesh. The respondent claimed eviction on the ground of personal necessity under the Madhya Pradesh Accommodation Control Act, 1961. The trial court and the first appellate court dismissed the suit, but the High Court, in a second appeal, reversed the decision and passed a decree for eviction. The main issue in the case was whether the respondent had established ownership of the premises as required under Section 12(1)(f) of the Act for eviction on the ground of bona fide necessity for business purposes. The defendant, who was the tenant, had been paying rent to the plaintiff, the respondent, who claimed ownership of the shop for starting a business. The trial court rejected the claim of ownership as the property stood in the name of the plaintiff's brother in the Municipal Corporation's register. The Additional District Judge upheld this finding, stating that the plaintiff did not produce the deed of partition to prove ownership. However, the High Court reversed this decision and decreed the suit for eviction based on the evidence presented. The appellant argued that the High Court's reversal of the lower court findings was illegal under Section 100 of the Code of Civil Procedure, as the first two courts had recorded a concurrent finding. The Supreme Court reviewed the judgments and documents and found that the High Court was justified in its decision. The High Court considered crucial evidence, such as the notice sent by the plaintiff asserting ownership and receipts signed by the tenant acknowledging the plaintiff as the owner. The lower courts had failed to consider this evidence, leading to a substantial question of law. The High Court's power to interfere with findings based on substantial questions of law was upheld, and the appeal was dismissed, affirming the High Court's decree for eviction. In conclusion, the judgment clarified the importance of establishing ownership for eviction on the ground of personal necessity under the Madhya Pradesh Accommodation Control Act. It emphasized the need for courts to consider all relevant evidence and the power of the High Court to intervene when substantial questions of law arise. The decision highlighted the significance of proper evaluation of evidence in determining eviction cases under the Act.
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