KAILASH CHANDRA Vs. SETH AMIR CHAND SHAH

JUDGEMENT

(1.) THE plaintiff filed a suit in the Court of Civil Judge Class II Sanawad for eviction of the defendant -appellant on the ground of sub -letting contained in clause (b )of sub -section (1) of section 12 of the Accommodation Control Act, 1961 alleging that while the house as per rent note Ex.P/1 dt. 28.5.70 was rented to defendant -respondent No.7 Babulal, Babulal had sub -let the same to the present appellant Kailashchandra. While Babulal admitted the allegations m:;\de by the plaintiff -defendant Kailashchandra the present appellant pleaded that though the rent note describes Babulal as the tenant, the house was in fact given on rent to the present appellant Kailashchandra.

(2.) THE trial Court dismissed the suit. In appeal by the plaintiff, the first appellate Court -Add1.Judge to the District Judge West Nimar Mandleshwar by Judgment and decree dated 1.8.90 reversed the judgmynt and decree of the trial Court and decreed the claim for eviction against the present appellant and respondent No.7 Babulal

(3.) WHETHER on facts and in the circumstances of the case, the lower appellate Court erred in law in holding sub -tenancy proved as ground for eviction under section 12(1)(b) of the M.P. Accommodation Control Act?