HAZI ABDUL RAHIM KHAN Vs. MOHAMMED KARIM

JUDGEMENT

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

(2.) The plaintiff/appellant herein filed a suit for eviction and for recovery of arrears of rent on the ground enumerated under Section 12 (1) (a) and 12 (1) (e) of the Chhattisgarh Accommodation Control Act, 1961 (hereinafter called as "the Act of 1961") pleading inter-alia that the suit accommodation is let-out to Mohammad Ibrahim Khan, husband of defendant No.1 and father of defendants No.2 and 3 as tenant on a monthly rent of Rs. 20/- for residential purpose. It was further pleaded that original defendant/tenant did not pay rent from June, 1975 to February, 1977 and the suit accommodation is required bona fide by the plaintiff for residential purpose as he has no reasonably suitable alternative accommodation of his own in the township of Raipur, therefore, he is entitled for decree under Section 12(1)(a) and 12 (1)(e) of the Act of 1961.

(3.) Defendant No.1 to 3 filed their written statement and admitted the relationship of landlord and tenant, but pleaded that they have no relation with the suit accommodation as original defendant has already vacated from the suit premises and at present, defendant No.4 is residing in the suit premises.