HIRALAL Vs. MANGILAL

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Code of Civil Procedure has been filed against the judgment dated 12.09.2007 whereby the first appellate Court by dismissing the appeal has affirmed the judgment of the Trial Court. The Trial Court by the judgment dated 28.11.2006 had decreed the suit for eviction filed by the Respondent under Section 12 (1) (f) of the M. P. Accommodation Control Act, 1961 ["Act" hereafter].

(2.) This Court by order dated 13.05.2008 had admitted the appeal on the following substantial question of law :-

(3.) Shri S.C.Bagadiya, learned Senior Advocate appearing for the appellant submitted that the Respondent had not pleaded and disclosed in the plaint that two other houses are available with the son of the Respondent for whose need the accommodation was sought, therefore, the Courts below have committed an error in decreeing the suit filed by the Respondent. He further submitted that the alternate accommodation in the form of two houses is available with the Respondent and that the burden to prove the non-availability of alternate accommodation was wrongly placed upon the present appellant.