GOVIND Vs. JEETSINGH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the High Court of Madhya Pradesh in Second Appeal No. 166 of 1980. By the aforesaid judgment, the High Court has reversed the findings of the first appellate Court.

(2.) The respondent- landlord had filed a suit for eviction in September, 1977, inter alia, under Section 12(l)(e) of the M. P. Accommodation Control Act, 1961 (hereinafter called 'the Act') alleging that the premises in question was required bona fide for the requirement of the landlord. It was stated in the written statement filed by the petitioner-tenant that the respondent-landlord had already in his occupation sufficient accommodation and the same was sufficient to meet his requirement and that the suit was filed in order to extract the higher rent. The trial Court decreed the suit.

(3.) The appellant went up in appeal. The Additional District Judge, Indore which was the first appellate Court allowed the appeal of the appellant-tenant and set aside the decree passed by the trial Court under Section 12(l)(e) of the Act. The first appellate Court looked into the evidence and came to the conclusion that the need in respect of suit accommodation was not bona fide one.