RAMRAO Vs. PREM KUMAR SINHA

JUDGEMENT

(1.) This plaintiff's second appeal is directed against the judgment and decree dated 8-4-1985, passed in Civil Appeal No. 23-A of 1984, of the Court of Additional Judge to the Court of District Judge, Betul (arising out of the judgment and decree dated 10-8-1984, passed in Civil Suit No. 27-A of 1980, of the Court of Civil Judge (Class II), Betul), whereby dismissal of his suit for eviction has been confirmed.

(2.) Briefly stated, the case of the plaintiff is that he filed a suit on 2-4-1980 under the provisions of M. P. Accommodation Control Act (which shall hereinafter be referred to as 'the Act') with the assertion that on a family settlement, the house in dispute has come to his share. He requires the suit house for his residence and for starting business for his major son. He and his family members, along with his brothers' family, mother and sister are living in a house which is not sufficient and suitable for their residence. Plaintiff has also alleged that the defendant has made material alteration in the ground-floor without the permission of the landlord-plaintiff. He, therefore, prayed that a decree for eviction be passed against the defendant.

(3.) The defendant denied the plaint allegations and submitted that the plaintiff and his family members, along with his brothers' family, mother and sister are living in other portion of the house of which the suit accommodation is a part. The plaintiff has sufficient accommodation for his residence. He also denied any material alteration in the house.