UNION OF INDIA Vs. GANESHILAL DURGA PRASAD

JUDGEMENT

(1.) Union of India and four others/defendants/appellants herein have filed the instant appeal calling in question the legality and validity of the impugned judgment and decree dated 7-12-1994 passed by Additional District Judge, Manendragarh in Civil Suit No. 19-A/1992, whereby the suit filed by the plaintiff respondent herein has been allowed and the plaintiff has been granted a decree of eviction in his favour. Brief facts, necessary for disposal of this appeal, are as under:

(2.) Smt. Fouzia Mirza, learned Assistant Solicitor General appearing for the appellants/defendants would submit that the trial Court is absolutely unjustified in granting the decree under clauses (f) and (h) of sub-section (1) of Section 12 of the Act, 1961. She would further submit that the finding recorded by the trial Court that the aforesaid two grounds claiming eviction have been established is not only perverse but also contrary to the material available on record.

(3.) Per contra, Shri A.K. Prasad, learned counsel appearing for the respondent/plaintiff would submit that the trial Court is absolutely justified in granting the decree of eviction as there is legal evidence of clinching nature available on record to hold that the grounds under clauses (f) and (h) of sub-section (1) of Section 12 of the Act, 1961 are fully established on record entitling the respondent/plaintiff by a decree for eviction of the suit accommodation.