SURESH MANDHYAM Vs. SHAILENDRA KUMAR NAMDEO

JUDGEMENT

(1.) This appeal is preferred under Section 100 of the Code of Civil Procedure, 1908 against the judgment/decree dated 28- 1-2006 passed by 10th Additional District Judge (FTC) Raipur (CG) in Civil Appeal No. 40-A of 2004 wherein the said court passed decree in favour of respondents for shop in question reversing the judgment and decree passed by the XI th Civil Judge, Class 1 Raipur in Civil Suit No. 192-A/2002 dated 17-9- 2003.

(2.) The original respondent No.1/plaintiff filed a suit for eviction and arrears of rent pleading inter alia that he is the owner and landlord of the suit accommodation and the original plaintiff is tenant for monthly rent of Rs.250/-. The First Appellate Court decreed the suit on the ground of bona fide need under Section 12(1)(f) of the MP/CG Accommodation Control Act, 1961 (for short, "the Act,1961") and for denial of the landlord title under Section 12(1)(c) of the Act.1961. This appeal is admitted on the following substantial questions of law.

(3.) Learned counsel for the appellants would submit as under: