ELPAYERS TAILOR Vs. RAVISHANKAR AWASTHI

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Code of Civil Procedure, 1908 is directed against the judgment & decree dated 2-11 -2001 passed by the 1st Additional District Judge, Jagdalpur in Civil Appeal No. 20-A/2001 modifying the judgment & decree dated 31 -1 -2001 passed by the 1st Civil Judge Class-II, Jagdalpur in Civil Suit No. 11-A/2000, whereby learned Civil Judge Class-II has decreed the suit for possession and means profit in favour of the Respondent.

(2.) FOLLOWING substantial question of law has been formulated for the decision of this appeal: Whether both the Courts below were justified in granting a decree for eviction under Section 12(1)(f) of the C.G. Accommodation Control Act in favour of the Respondent/Plaintiff?

(3.) JUDGMENT & decree of the lower appellate Court is challenged by the Appellant on the ground that without any ground available under Section 12(1)(f) of the Chhattisgarh Accommodation Control Act, 1961 (for short 'the Act'), the trial Court has decreed the suit and the lower appellate Court has affirmed the decree in appeal and thereby committed illegality.