MANSOOR ALI ALIAS MUNSHI Vs. LEELAVANTI ALIAS LEELABAI

JUDGEMENT

(1.) IN this appeal by the landlord, the following substantial question of law arises for determination:

(2.) IN this appeal, it is not disputed that the appellant/landlord had filed Civil Suit No. 7-A/1996 before the Civil Judge Class-I, Dhamtari for eviction of the respondents/tenants from the suit accommodation, ground floor of which was let out for non-residential purpose and the first floor for residential purpose. The trial Court decreed the suit for eviction on both counts, i. e. , under Section 12 (1) (e) and (f) of the M. P. Accommodation Control act, 1961 (henceforth 'the Act' ). Being aggrieved, the respondents/tenants preferred Civil Appeal No. 112-A/2002 before the Additional District Judge, dhamtari. The learned lower appellate Court allowed the appeal in part, affirmed the decree for eviction under Section 12 (1) (e) of the Act while reversing the decree for eviction under Section 12 (1) (f) of the Act on the following grounds:-

(3.) SHRI H. B. Agrawal, learned Senior Advocate for the appellant read paragraphs 26 to 30 of the judgment of the lower appellate Court in extenso and argued that the finding of fact recorded by the lower appellate Court, whereby the decree for eviction under Section 12 (1) (f) of the Act was reversed, is perverse. Reliance was placed on Firm Panjumal daulatram vs. Sakhi Gopal, AIR 1977 SC 2077 (from madhya Pradesh) and Jagjit Kumar vs. Jagdishchandra, 1982 JLJ 319.