BABULAL MILAPCHAND Vs. ARVIND

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This Second appeal under section 100 of the Code of Civil Procedure has been filed by the appellant (tenant) challenging the judgment dated 23.11.2011 by which the First Appellate Court has dismissed the appeal and affirmed the judgment of the Trial Court. The Trial Court by the judgment dated 24.1.2011 had decreed the suit for eviction filed by the respondent.

(3.) The Trial Court, after appreciating the evidence on record, had found the need of the respondent/landlord for the aforesaid purpose to be bona fide. The Trial Court had also found that the respondent had no other alternative suitable accommodation in the town concerned for starting the cloth business. The trial Court had accordingly decreed the suit under section 12(1)(0 of the M.P. Accommodation Control Act, 1961. The Trial Court had also examined the ground of non-payment of rent and had recorded a finding in favour of the respondent and decreed the suit under section 12( 1 )(a) of the Act.