BIHI BAI Vs. PARWATI BAI

JUDGEMENT

(1.) THE appeal u/s 100 CPC has been preferred against the judgment and decree dated 22.12.1995 passed by the learned District Judge, Jabalpur in Civil Appeal No. 28A/95 arising out of judgment and decree dated 5.9.1995 passed by the learned III Civi Judge, Class I, Jabalpur in C.S. No. 145/91, dismissing the suit for eviction instituted by the plaintiff -respondent against the defendants -appellants.

(2.) THE Essential facts necessary to decide the appeal are : The plaintiff -respondent is the owner of the suit premises, House No. 1133, Sadar Bazar, Jabalpur, which was let out to the defendants -appellants.

(3.) THE learned trial Judge, after evaluating the evidence adduced by both the parties, dismissed the suit. Being aggrieved by the judgment and decree passed by the learned trial Judge, the plaintiff -respondent preferred an appeal u/s 96 CPC. The learned 1st appellate Court by the impugned judgment and decree dated 22.12.1995 set aside the judgment and decree passed by the learned trial Judge and decreed the suit for eviction in favour of the plaintiff -respondent and against the defendants -appellants on ground u/s 12(1)(e) and (c) of the M.P. Accommodation Control Act (for short the Act). Being aggrieved by the impugned judgment and decree the present appeal has been preferred by the defendants -appellants.