BURHANPUR MUNICIPAL CORPORATION Vs. IKBAL HUSSAIN

JUDGEMENT

(1.) Plaintiff has filed the present appeal aggrieved by judgment and decree in appeal by which the suit was dismissed.

(2.) This appeal was admitted on 21.11.1988 on following substantial questions of law:

(3.) So far as substantial question of law no. 1 is concerned, there is no dispute that the suit accommodation is a non-residential and in view of Section 3 (1) (b) of the Madhya Pradesh Accommodation Control Act, 1961, (hereinafter referred to as 'the Act') provisions of the Act will not apply in the present case. In view of the aforesaid position, this substantial question of law is decided in favour of the appellant: