BABULAL Vs. MAHENDRA SWARUP SAXENA

JUDGEMENT

(1.) THIS is an appeal by the defendants against the judgment and decree passed by the learned Additional District Judge on 25 -7 -80, whereby he has decreed the suit of the plaintiff on grounds under section 12 (1) (a) and (b) of the M.P. Accommodation Control Act, 1961, after reversing the judgment and decree of dismissal of the suit passed by the trial Court dated 19 -4 -1979.

(2.) FACTS material for decision of this appeal are as under; - -

(3.) AFTER recording evidence of the parties, the trial Court held that the plaintiff has proved the availability of ground under section 12 (1) (h) of the Act, but dismissed the suit for ejectment on the findings that the plaintiff has failed to prove the service of notice to quit and that grounds under section 12 (1) (a) and (b) of the Act were also negatived.