BASHIRUDDIN S/O JALALLUDDIN Vs. MADARSA ISLAHUL MUSALEMIN, BAIJANTHPARA RAIPUR, THROUGH SHAKURIDDIN QURESHI S/O MEHABOODDDIN QURESHI

JUDGEMENT

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

(2.) The plaintiff/respondent is public trust registered under the provisions of the Chhattisgarh Public Trusts Act, 1951 (hereinafter called as "the Act of 1951). The plaintiff/landlord filed a suit against the defendant/tenant for evicting him from the suit premises after service of notice (Ex.P/6) to him for bona fide need of residence of teachers serving in its institution, which was opposed by the defendant by filing written statement. The trial Court after appreciating oral and documentary evidence available on record, by its judgment and decree dated 5.10.2004, dismissed the suit. On appeal being preferred by the plaintiff, the first appellate Court allowed the appeal, against which, this second appeal under Section 100 of the CPC has been preferred by the appellant/defendant, in which substantial question of law has been formulated and set-out in the opening paragraph of the judgment.

(3.) Mr.Vivek Tripathi, learned counsel for the appellant/defendant, would submit that need of the plaintiff for residence of his teachers would not come within the purview of Section 12 (1) (e) of the Chhattisgarh Accommodation Control Act, 1961 (hereinafter called as "the Act of 1961"), as such, the judgment and decree passed by the first appellate Court deserves to be set aside.