SITARAM PATEL Vs. BIPIN CHAND JAIN

JUDGEMENT

(1.) PLAINTIFF aggrieved by judgment and decree passed by the Lower Appellate Court has filed the present appeal by which the Appellate Court reversing the judgment and decree of the Trial Court dismissed the suit of appellant.

(2.) THIS appeal was admitted on 13-4-1994 on following substantial question of law:-" whether the Lower Appellate Court was right in reversing the judgment and decree passed by the Trial Court ?"

(3.) TO appreciate the contentions of the parties, it is necessary to state facts of the case. Plaintiff filed a suit in respect of non-residential accommodation on the ground that he wants to start a provisional goods shop in the suit accommodation. On 30th June, 1980, he retired and has no other non-residential accommodation in his possession of his own in the City of Jabalpur. On this ground, the suit was filed under Section 12 (1) (f) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as "the Act" ). Though the suit was also filed under Section 12 (1) (a) and (c) of the Act, but the aforesaid grounds were not found proved by the Trial Court nor the appellant has filed cross-objection before the Lower Appellate Court. Consequently, facts relating to these grounds are not stated.