SURESH KUMAR Vs. MAHAVIR SINGH GUPTA

JUDGEMENT

(1.) IN the instant second appeal under Section 100 of the Code of Civil Procedure, 1908, the Appellant/Defendant/tenant has challenged the judgment and decree dated 18-1-1993 in Civil Appeal No. 14-A/92 passed by the first appellate Court affirming the judgment and decree of eviction dated 21-7-1992 in Civil Suit No. 124-A/91 passed by the trial Court in favour of the Respondent/Plaintiff/landlord for Appellant's eviction from the suit premises on grounds covered under Clauses (b) and (d) of Sub-section (1) of Section 12 of the Chhattisgarh Accommodation Control Act, 1961 (henceforth 'the Act, 1961').

(2.) THE Plaintiff preferred the suit on 7-1 -1991 on the pleadings that the Defendant is his tenant in the shop situated on the front side of his house at Apapura Ward within the area of Durg Municipal Corporation on a monthly rent of Rs. 375.00 and is carrying on the business in the name and style of Vishal Footwear. THE Defendant has closed the suit shop from the last week of June, 1990 and from 1-7-1990 he has shifted his footwear business to a shop situated at Indira Market, Opposite Kailash Hotel, Hatri Bazar, Durg and, thus, the accommodation has not been used without reasonable cause for which it was let, for a continuous period of six months immediately preceding the date of the filing of the suit and for this act of the Defendant, he is liable to be evicted under Clause (d) of Sub-section (1) of Section 12 of the Act, 1961. By amending the plaint on 17-7-1991, the Plaintiff raised a ground under Clause (b) of Sub-section (1) of Section 12 of the Act, 1961 by raising appeal that the suit shop has been sub-let to one Omprakash without the consent of the Plaintiff and is, thus, liable for eviction under Clauses (b) and (c) of Sub-section (1) of Section 12 of the Act, 1961.

(3.) THE present second appeal has been admitted by this Court by formulating the following substantial questions of law: