UNION OF INDIA Vs. SWARGASHRAM PILI KOTHI

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants against a decree for eviction passed by Civil Judge Class I, Satna in Civil Suit no. 2-A/73 dated 19-10-1978, maintained on appeal by Additional District judge, Satna in Civil Appeal No. 46-A/79 dated 29-1-1980.

(2.) THE plaintiff-respondent filed a suit for eviction against the appellants as the appellant No. 3 had the office in the premises. It appears that the suit was decreed without considering any grounds under Section 12 (1) of the M. P. Accommodation Control Act holding that the provisions of Madhya Pra-desh Accommodation Control Act are not applicable to the premises in dispute as the place where these premises are situated did not fall within the municipal area of Satna Municipality but was subsequently, by a notifica-tion, added in the municipal limits. It is not disputed that now the premises are situated within the area included within the municipal limits of Satna and it is also not in dispute that when M. P. Accommodation Control Act was brought in force this place where these premises are situated did not fall within the area which was the municipal area of Satna.

(3.) IT was contended by the learned counsel for the appellants that although the area where these premises are situated originally did not fall within the municipal limits of Satna but as now this area has been included in the municipal limits, the Act will be applicable and the Courts below committed an error in decreeing the suit for eviction without going into the grounds under Section 12 (1) of the M. P. Accommodation Control Act. Learned counsel contended that the decision reported in Nandlal v. Motilal, AIR 1977 SC 2143, now settles the dispute and even where this area has subsequently been brought within the municipal limits still it could not be contended that a fresh notification for application of the provisions of Madhya Pradesh accommodation Control Act will be necessary as this area now falls within the municipal limits. The schedule which provided that this Act will be applicable to the municipal area of Satna Municipality would be enough and the provisions of M. P. Accommodation Control Act will be applicable. It was, therefore, contended that the case will have to be sent buck to the trial Court for considering the question of grounds under Section 12 (1)before a decree for eviction could be passed against the appellants.