IFFEKHAR ANSARI Vs. NARENDRA

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This appeal is filed by the landlord against the judgment and decree of the lower appellate Court, whereby the learned appellate Court reversed the finding recorded by the trial Court and dismissed the suit for ejectment filed by the appellant under Section 12 (1) (b) and (f) of the M.P. Accommodation Control Act, 1961.

(3.) As per paragraphs 17,32 and 34 of the cross examination of the appellant (PW1), wherein he has on the basis of Ex. D/6 an affidavit filed by him before the Election Commission somewhere in 2008, very specifically admitted that house No. 41/1 is owned by his wife, whereas he is owner of other houses. He has suppressed the fact of other suitable accommodation which is owned by him and wrongly in his cross examination has stated that he is tenant of house No. 44/1. In absence of any proof to the contrary, positive oral testimony of the witness which withstood cross examination cannot be disbelieved merely on the basis of inferences. Initial burden on landlord to show that he had no other suitable accommodation of his own.