SALIM Vs. SHAKTI PICTURES SERKIT LIMITED

JUDGEMENT

(1.) This appeal by tenant is against the judgment and decree dated 18-2-2002 passed by the Additional District Judge, Raipur in Civil Appeal No. 46-A/97 whereby learned Court below has reversed the judgment and decree passed by the Trial Court.

(2.) The respondent/plaintiff had filed the suit for eviction. The Trial Court has dismissed the suit on the ground that the plaintiff is not entitled for exemption under Section 3 (2) of the M.P. Accommodation Control Act, 1961. The notification is published in Part I of the "Madhya Pradesh Rajpatra", dated the 22nd May, 1964. Said notification is quoted below :-- "GOVERNMENT OF MADHYA PRADESH HOME DEPARTMENT Bhopal, dt. 13 May, 1964 - Vaisakha 23, 1886. No. 2087-1180-II-A-(3).-- In exercise of the powers conferred by Sub-section (2) of Section 3 of the Madhya Pradesh Accommodation Control Act, 1961 (No. 41 of 1961) the State Government hereby exempts the plot of land bearing khasra No. 280.2 in Mahal No. 2, Baijnathpara, Raipur, in the Raipur District, together with the cinema house called Kamal Talkies (now known as Amardecp Talkies) and with the out houses, stalls and other structures, standing thereon, which is owned by Dudhadhari Shri Vaishnav Trust Fund, Raipur an Educational and Religious Institution, from all the provisions of the said Act." Learned Lower Appellate Court while allowing the appeal has held that the appellant (respondent herein) is entitled for the exemption granted as per the notification aforesaid.

(3.) The appellant/defendants have preferred this appeal on the ground that the judgment and decree passed by the Lower Appellate Court is contrary to the law. Question No. 2 raised in the memo of appeal is quoted below :-- "Whether the suit premises having been situated within a limit of Municipal Corporation, Raipur. The appellant cannot be ejected from the suit premises unless any of the grounds enumerated under Section 12 (1) A-2-P of the M,P. Accommodation Control Act is pleaded and proved ?"