LAWS(MPH)-2011-10-23

SALEHA BAI Vs. NAJAR ALI HASHMI

Decided On October 20, 2011
SALEHA BI (SINCE DECEASED) NOW BY L.RS Appellant
V/S
NAJAR ALI HASHMI Respondents

JUDGEMENT

(1.) The unsuccessful defendant having lost from the learned First Appellate Court has assailed the judgment and decree passed by learned First Appellate Court decreeing the suit of plaintiff-respondent on the ground envisaged under Section 12 (1) (d) of the M.P. Accommodation Control Act, 1961.

(2.) Looking to the substantial question of law which has been framed, no exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal. Suffice it to say that a suit for eviction on several grounds envisaged under Section 12 (1) of the M.P. Accommodation Control Act, 1961 (for short "the Act") mentioned in the plaint including a ground under Section 12(1) (d) of the Act, has been filed against the appellant-defendant.

(3.) The defendant (appellants) by filing written statement refuted the plaint averments and pleaded that no ground is made out and indeed the real intention of the plaintiff is to get the suit accommodation any how vacated.