SURESH KUMAR JAIN Vs. CHANDRADEEP TAMRAKAR

JUDGEMENT

(1.) THIS is the tenant's appeal against the judgment & decree dated 8-4-2004 passed by the 8th Additional District Judge (F.T.C.), Durg in Civil Suit No. 1A/2003, whereby learned Additional District Judge has decreed the suit on the ground of bona fide need for non-residential purpose and under Section 12 (1) (a) of the Chhattisgarh Accommodation Control Act, 1961 (for short 'the Act') on the ground of arrears of rent, simultaneously the Court below has dismissed the counter claim of the appellant/defendant for permanent injunction.

(2.) JUDGMENT & decree are challenged on the ground that without any bona fide need and default in payment of rent the Court below has decreed the suit and has not considered the counter claim and thereby committed illegality.

(3.) ON the basis of averments of the parties, Court below has framed issues, afforded opportunity of adducing evidence, decreed the suit and dismissed the counter claim.