MAHAVIR PRASAD Vs. MURARILAL AGARWAL

JUDGEMENT

(1.) By this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short 'the Code'), the Appellant has challenged the judgment & decree dated 8-10-91 passed by the 1st Additional District Judge, Raigarh in Civil Appeal No. 17-A/90, setting aside the judgment & decree dated 28-2-90 passed by the 3rd Civil Judge Class-II, Raigarh in Civil Suit No. 121 -A/82, whereby the lower appellate Court has decreed the suit for eviction in terms of Section 12 (1) (f) of the Chhattisgarh Accommodation Control Act, 1961.

(2.) Present second appeal has been admitted on the following substantial question of law:

(3.) As per the case of the parties, the Respondents herein landlord filed suit for eviction against the Appellant herein on the ground of their bona fide for business of the suit accommodation which has been denied by the Respondents. After affording opportunity of hearing to the parties, the 3 Civil Judge Class-II dismissed the suit, same was challenged in appeal before the lower appellate and the lower appellate Court has decreed the suit by allowing the appeal.