PUSHPA DEVI Vs. MURARILAL AND ANOTHER

JUDGEMENT

(1.) THIS appeal under Section 100, CPC has been preferred against the judgment and decree dated 25-10-1996 passed by the learned Xth Additional District Judge, Jabalpur in Civil Appeal No. 9-A/91 arising out of the judgment and decree dated 16-4-1991 passed by the learned VIIth Civil Judge, Class II, Jabalpur in Civil Suit No. 30-A/91.

(2.) THE essential facts necessary to decide the appeal are :-- The plaintiffs/respondents are the landlords while the defendant/appellant is the tenant in the suit premises which was let out for residential purposes. The plaintiffs/respondents instituted the eviction suit against the defendant/appellant on the grounds under Section 12 (1) (a), (e) and (g) of the M. P. Accommodation Control Act (for short the `act' ). It has been pleaded that the defendant/appellant is defaulter, the suit premises is required bona fide for the occupation of the plaintiffs/respondents and their family members and they have no other reasonably suitable accommodation of their own in their possession in the city of Jabalpur. It has, further, been pleaded that the suit premises has become unsafe for human habitation and is, therefore, required bona fide by the plaintiffs/respondents for carrying out repairs which cannot be carried out without its being vacated by the defendant/appellant. The defendant/appellant denied all the above grounds raised by the plaintiffs/respondents. The learned Trial Court after evaluating the evidence decreed the suit for eviction in favour of the plaintiffs/respondents and against the defendant/appellant on grounds under Section 12 (1) (a) and (e) of the Act while dismissed it on ground as enumerated under Section 12 (1) (g) of the Act. Being aggrieved by the judgment and decree passed by the learned Trial Judge, the defendant/appellant preferred an appeal under Section 96, CPC. The learned First Appellate Court affirmed the eviction on grounds as enumerated under Section 12 (1) (e) of the Act only and dismissed the claim of the plaintiffs/respondents for eviction of the suit premises on ground under Section 12 (1) (a) of the Act. Being aggrieved by the impugned judgment and decree dated 25-10-1996 passed by the learned First Appellate Court, the present appeal has been preferred by the defendant/tenant.

(3.) THIS appeal was admitted for hearing on the following substantial questions of law:-