RAKESH KUMAR SHARMA Vs. AZAD DUBEY

JUDGEMENT

(1.) THIS appeal filed by the appellant/defendant is directed against the judgment and decree dated 27.4.2006, passed in Civil Appeal No.6-A/2006, by the Court of District Judge, Sagar, arising out of judgment and decree dated 30.7.2005, passed in Civil Suit No.29-A/2003, by the Court of Second Civil Judge, Class-I, Sagar.

(2.) THE respondent/plaintiff filed a suit against the appellant/ defendant for his eviction, claiming himself to be the landlord of the demise premises in which the appellant/defendant was inducted as a tenant. THE grounds for seeking eviction of the appellant/defendant setforth in the Civil Suit were Section 12(1), (c) and (f) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the Act for short). THE said suit was contested by the appellant/defendant and the trial Court after recording of the evidence has dismissed the suit of the respondent/plaintiff. In appeal, the First appellate Court reversed the judgment and decree of the trial Court and decreed the suit of the respondent/plaintiff. This appeal is against this judgment and decree.

(3.) THE further submission made by the learned counsel for the appellant/defendant is that there was no need available for grant of an eviction decree against the appellant, in favour of the respondent/plaintiff even then a decree of eviction has been granted. It is contended that alternative accommodation was available with the respondent/plaintiff, but ignoring such evidence, the decree has been granted for bonafide need. It is contended that such a decree could not have been granted by the lower appellate Court.