BADIA Vs. LAXMINARAYAN

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 24-1-1997 passed by I AD J, Alirajpur in Civil Appeal No. 3-A/95 whereby the judgment and decree dated 13-2-1995 passed by Civil Judge class-I, Alirajpur in Civil Suit No. 5-A/94 whereby the suit filed by respondent No. 1 for eviction was decreed, was maintained, the present appeal has been filed.

(2.) The appeal was admitted for final hearing on 6-5-1997 on the following substantial questions of law -

(3.) Short facts of the case are that respondent No. 1 filed a suit for eviction on 13-6-1988 against the respondent No. 2 alleging that respondent No. 1 is owner of a house situated at H. N. 1, Pratapganj, Road No. 3, Ward No. 5 situated at Alirajpur in which respondent No. 2 is tenant @ Rs. 50/- per month. It was alleged that respondent No. 2 has constructed a temporary wooden tea-stall and is carrying on his business. It was alleged that respondent No. 2 inducted appellant as sub-tenant in the suit accommodation. It was also alleged that appellant started the business of illicit liquor for which he was prosecuted. Further case of respondent No. 1 was that on 5-8-1991, Excise Department seized the illicit liquor from the suit accommodation and in that regard case was filed which was numbered as 752/91 in which appellant was convicted vide order dated 13-8-1991. In the suit it was also alleged that respondent No. 2 by making the temporary shed on the accommodation which was measuring 10ft. (east to west) encroached the area of 25 ft. illegally. It was also alleged that respondent No. 2 is in arrears of rent. Decree was prayed under section 12(l)(a), (b), (c), (f), (m), (o) and (p) of the Accommodation Control Act (which shall be referred hereinafter as "the Act"). The suit was contested by the appellant on various grounds alleging that appellant is tenant in the suit accommodation. It was prayed that suit be dismissed.