CHINTAMANI Vs. SAPAN KUMAR DAS

JUDGEMENT

(1.) THIS is the unsuccessful tenant's second appeal. Civil Judge Class II, Jashpurnagar had, by judgment and decree dated 30-11-1987 in Civil Suit No. 55-A/1987, decreed the respondent/plaintiff's suit for eviction under Section 12(1)(e) of the Chhattisgarh Accommodation Control Act, 1961 (henceforth 'the Act'). The appeal preferred by the appellant/tenant (Civil Appeal No. 10-A/1989) was also dismissed by the Ist Additional Judge to the District Judge, Raigarh by judgment and decree dated 2-4-1990.

(2.) IN this appeal, it is not in dispute that in relation to the suit accommodation let out purely for residence, the appellant/defendant is the tenant of the respondent/plaintiff.

(3.) IN Civil Appeal No. 10-A/1989 an application under Order 6 Rule 17 of the Code of Civil Procedure was filed by the appellant/defendant for incorporating the following amendment in the written statement: