GORU Vs. DEVENDRA NATH

JUDGEMENT

(1.) THE Civil Judge Class-I, Multai District Betul vide judgment and decree dated 30.8.2005 in Civil Suit No.188- A/1994 decreed the suit of the respondents/plaintiffs against the appellant for possession and arrears of rent of the suit accommodation on the ground of Section 12(1)(c) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as "Act, 1961"). In Appeal No.5-A/2011 the learned First Additional District Judge Multai District Betul vide judgment and decree dated 15.12.2011 dismissed the appeal filed by the appellant. Being aggrieved with the aforesaid decree and judgments, the appellant/defendant has preferred the present second appeal.

(2.) THE brief facts of the case are that the appellant received the possession of the suit accommodation on the basis of a contract of tenancy from the deceased plaintiff Prathvinath Bhargav. The plaintiff instituted a suit before the trial court claiming eviction of the appellant on the basis of the ground of Section 12(1)(a) of the Act, 1961. During the pendency of the suit the appellant modified his written statement that the suit property belongs to the State Government, and therefore the provisions of the Act, 1961 were not applicable in the present case and the plaintiff was not the person who could claim the possession in the property.

(3.) I have heard the learned counsel for the parties at length.