SWASTIK TRADERS Vs. BASANT KUMAR MOHTA

JUDGEMENT

(1.) Invoking Section 100 of the Code of Civil Procedure, defendant/tenant has filed this appeal impugning the legality and correctness of the judgment and decree dated 7-2-2014 passed by the 2nd Additional District Judge, Rajnandgaon, District Rajnandgaon in Civil Appeal No. 43-A/2013 whereby his appeal under Section 96 of the CPC has been dismissed affirming the judgment and decree dated 27-7-2012 passed by 1st Civil Judge, Class I, Rajnandgaon, in Civil Suit No. 39-A/2011 decreeing the suit under Section 12(1)(a) of the Chhattisgarh Accommodation Control Act, 1961 (for short "the Act of 1961").

(2.) The Trial Court, on appreciation of oral and documentary evidence available on record, decreed the suit and held that plaintiff is entitled for decree under Section 12(1)(a) of the Act, though he has deposited the rent on 15-11-2011 in compliance of the Trial Court's order dated 11-11-2011.

(3.) First appeal preferred thereagainst was also dismissed by judgment and decree impugned.