TEK CHAND HEMRAJ Vs. UDDHAVKUMAR RAMNATH KAUSHAL

JUDGEMENT

(1.) THIS revision is filed against the order dated 22-1-1981, passed by Fourth Civil Judge Class II, Gwalior, in Execution Case No. 74-A of 1976-78.

(2.) THE facts, out of which this revision arises, are that the non-applicant Uddhav Kumar filed a suit against the applicant Tek Chand for eviction from the suit shop on the grounds of disclaimer and arrears of rent. According to the applicant, the non-applicant was not entitled to bring the suit, as the land, over which the suit shop is situated, belongs to the Municipal corporation, and to evict from the accommodation, which is the property of a local authority, none of the provisions of M. P. Accommodation Control act, 1961 (hereinafter referred to as 'the Act'), is applicable, as provided in section 3 (b) of the Act. It has been averred in the plaint that the superstructure over the land was constructed by the plaintiff. The learned trial court, on the pleadings of the parties, framed the following issues:-

(3.) IN spite of the fact that there was no issue regarding the applicability of the Act, the learned trial Court gave that finding and after taking into consideration the evidence produced in the file and documents on record, decreed the suit of the plaintiff. An appeal before the first Appellate Court and second appeal before this Court were filed against the said judgment and decree of the learned trial Court, but before none of the Appellate Court, this point was ever canvassed or decided, whether the provisions of the Act were applicable to the present case or not. The learned appellate Courts, however, confirmed the decree passed by the learned trial Court for possession.