TULSI DAS Vs. BINDURBAI DIED

JUDGEMENT

(1.) By this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short 'CPC'), the appellants have challenged the legality and propriety of the judgment & decree dated 23.1.96 passed by the Third Additional Judge to the Court of District Judge, Durg, in Civil Appeal No.8A/95, affirming the judgment & decree of decreeing the suit for eviction of the appellants dated 30.1.1995 passed by the Sixth Civil Judge Class-II, Durg, in Civil Suit No.26-A/91.

(2.) The present second appeal has been admitted for consideration on 18.4.96 on the following substantial questions of law:-

(3.) As per case of the parties, original respondent Bindurbai filed civil suit for eviction against original defendant Gurundmal. Same has been decreed by the Sixth Civil Judge Class-II, Durg on the ground available under Section 12 (1) (i) of the M.P. (Now C.G.) Accommodation Control Act, 1961 (for short 'the Act, 1961'). Same was challenged before the lower appellate Court and the lower appellate Court while affirming the judgment & decree of the trial Court has dismissed the appeal.