JAGDISH PRASAD Vs. DAULATRAM

JUDGEMENT

(1.) This is plaintiff second appeal whose suit has been dismissed by learned first appellate court reversing the judgment and decree passed by learned Trial Court decreeing his suit. No exhaustive statement of facts are required to be narrated for the purpose of disposal of this appeal. Suffice it to say that a suit for eviction on the basis of relationship of landlord and tenant has been filed by the plaintiff/ appellant on the grounds envisaged under 12(1)(a) and (c) of the M. P. Accommodation Control Act, 1961 (in short "the Act") against the original defendant/tenant, Baldu, who had died during the pendency of this second appeal and his LRs have been brought on record as respondents arraying them as defendants.

(2.) Learned Trial Court on the basis of the pleadings of the parties found both the grounds to be proved and decreed the suit on both counts. The appeal which was filed by defendant Baldu has been allowed by the impugned judgment and decree and the suit of the plaintiff/appellant has been dismissed.

(3.) In this manner this second appeal has been filed by the appellant / plaintiff.