Personal necessity eviction and mesne profits under tenancy law: alternative accommodation must be the landlord's own, and profits begin after decree.

For eviction on personal necessity under the Madhya Pradesh Accommodation Control Act, 1961, the landlord's need was established on admitted pleadings that the sweetmeat business was his own, and a belated contrary factual contention could not be entertained in second appeal. A tenant's occupation of another shop did not defeat eviction because the statute required alternative non-residential accommodation to be the landlord's own and in his occupation, not merely premises occupied by him. Mesne profits could not run from termination of the contractual tenancy; a tenant continuing in possession remains a tenant until an eviction decree, so damages accrue only from the date of that decree.

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Issues: (i) Whether the accommodation was required for the plaintiff's own business within the meaning of Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961; (ii) Whether the plaintiff's rented shop amounted to other reasonably suitable non-residential accommodation of his own in his occupation so as to defeat the ground of eviction; (iii) Whether damages or mesne profits could be awarded from the date of termination of the contractual tenancy, or only from the date of the eviction decree.

Issue (i): Whether the accommodation was required for the plaintiff's own business within the meaning of Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961.

Analysis: The plaintiff had specifically pleaded that the sweetmeat business run by him in rented premises was his own business and that he wanted to shift it to the suit shop. That pleading was admitted in the written statement. A factual contention that the business was really that of the joint family was raised too late and could not be entertained in second appeal. The requirement was therefore established on the admitted pleadings and record.

Conclusion: The issue was decided against the appellants and in favour of the plaintiff.

Issue (ii): Whether the plaintiff's rented shop amounted to other reasonably suitable non-residential accommodation of his own in his occupation so as to defeat the ground of eviction.

Analysis: The 1961 Act adopted different language from the earlier 1955 Act. Under the later Act, mere occupation of another premises was not enough; the alternative accommodation had to be of the landlord's own and in his occupation. A tenanted shop in the plaintiff's occupation did not satisfy that requirement because it was not his own accommodation, even if he was occupying it.

Conclusion: The issue was decided against the appellants and in favour of the plaintiff.

Issue (iii): Whether damages or mesne profits could be awarded from the date of termination of the contractual tenancy, or only from the date of the eviction decree.

Analysis: Under Section 2(i) of the 1961 Act, a person continuing in possession after termination of tenancy remains a tenant until an order or decree for eviction is made. Such possession is not wrongful merely because the contractual tenancy has ended. The liability to pay mesne profits arises only after the decree for eviction, when occupation becomes unauthorised. The contrary view based on relation back was rejected.

Conclusion: The issue was decided in favour of the appellants and against the plaintiff; damages could be awarded only from the date of the eviction decree.

Final Conclusion: The decree for eviction was maintained, but the award of damages or mesne profits was restricted to the period after the eviction decree, resulting in a partial allowance of the appeal.

Ratio Decidendi: Under the Madhya Pradesh Accommodation Control Act, 1961, a tenant continuing in possession after termination of the contractual tenancy remains a tenant until an eviction decree is passed, and mesne profits cannot be awarded for the intervening period; for eviction on personal necessity, alternative accommodation must be the landlord's own and in his occupation.

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