KEVALCHAND PURANCHAND Vs. SUGANCHAND PURANCHAND

JUDGEMENT

(1.) THIS is an appeal by the defendants against the judgment and decree dated 31st October, 1981 of the Court of the Additional Judge to the Court of the District Judge, Guna, in Civil Appeal No. 70-A of 1979, whereby it has confirmed the judgment and decree dated 2.7.1979 of the Court of Civil Judge, Class II, Guna, in Civil Suit No. 5-A of 1976.

(2.) THE plaintiff-landlord-respondent herein had filed a suit against the appellants herein for their ejectment from the suit accommodation on the grounds under Section 12(1)(f) and (o) of the M.P. Accommodation Control Act, 1961, (for short, hereinafter referred to as 'the Act'). The suit has been decreed by both the Courts on these grounds. Thus, the defendants have filed the present appeal, which have been admitted on the following questions :-

(3.) THE plaintiff after giving the requisite notice calling upon the defendants to vacate the let accommodation as also the encroached accommodation, filed the present suit for the ejectment of the defendant on grounds under Section 12(1)(f) and (o) of the Act. The suit was resisted by the defendants. With regard to the encroached accommodation, the case of the defendants was that it was included in their tenancy. As already stated hereinbelow, the two Courts below negatived the contentions of the defendants and decreed the suit.