GAYTRI DEVI MISHRA Vs. SHAKTI MISHRA

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in the second appeal preferred by the defendant are as under:-

(2.) Original plaintiff-Santan Bhagwan Mishra filed a suit for ejectment and arrears of rent on the ground enumerated under Sections 12 (1)(a) and 12 (1) (e) of the M.P. Accommodation Control Act, 1961 (hereinafter called as "the Act of 1961"?) stating inter-alia that he is landlord of the suit accommodation, which has been let-out to the defendant on a monthly rent of ? 85/- for residential purpose, which the defendant has not paid from 1.1.1988 to 31.12.1989 and the suit accommodation is required bona fide for his own residence and he has no reasonably suitable alternative accommodation in the township of Rajnandgaon, therefore, the decree for eviction be granted in his favour under Section 12 (1) (a) and 12 (1) (e) of the Act of 1961.

(3.) The defendant filed his written statement refuting the plaint allegations stating inter-alia that in order to enhance the rent the present suit has been filed, which is liable to be dismissed.