P RAMMURTI Vs. RADHAMOHAN AGRAWAL

JUDGEMENT

(1.) This is tenant's Second Appeal filed under Section 100 of CPC against the judgment and decree dated 26.11.1998 passed by 7 Additional District Judge, Bilaspur, in Civil Appeal No. 165-A/98 affirming the eviction decree dated 30.01.1997 passed by IInd Civil Judge, Class-II, Bilaspur, in Civil Suit No. 204-A/96. Facts in brief, necessary for disposal of this appeal, are that: suit was filed by the respondent/plaintiff claiming decree of eviction against the appellant/defendant, pleading inter alia, that the suit premises is in dilapidated condition and is required bona-fide for the occupation of the respondent/plaintiff and his family members after re-construction and they have no other reasonably suitable accommodation of their own in their possession in the city of Bilaspur.

(2.) The trial court, after evaluating the evidence, decreed the suit for eviction in favour of the respondent/plaintiff and against the defendant/appellant on the ground of Section 12(1)(e) of the MP/CG Accommodation Control Act, 1961 (for short, 'the Act, 1961').

(3.) First appeal preferred there-against by the appellant/tenant was also dismissed. Hence this Second Appeal.