SOHANLAL Vs. DINDAYAL CHAUDHARI

JUDGEMENT

(1.) The tenant/defendant has come up in second appeal feeling aggrieved by the judgment and decree of the lower appellate court directing a suit for ejectment on the ground of genuine requirement of the plaintiff/respondent to be decreed under Section 12(l)(f) of the M.P. Accommodation Control Act, 1961.

(2.) Vide order dated 10-2-1993, this Court admitted the appeal for hearing parties on the following substantial question, of law:- "Whether the lower appellate Court committed a jurisdictional error in decreeing the suit under Section 12(l)(f) of the M.P. Accommodation Control Act, 1961, upholding the requirement of the plaintiff's brother's son, which cannot be a ground for ejectment under the provisions abovesaid?"

(3.) The facts, in so far as relevant for answering the question on which the appeal has been heard, may briefly be noticed. The suit was filed by late Dindayal, as sole plaintiff, who having expired during the pendency of this second appeal, his legal representatives have been brought on record. This judgment would refer late Dindayal as the plaintiff. Dindayal has three other brothers namely Harcharanlal, Mansharam and Sundarlal, all younger to him. Gopal-krishna is son of Dindayal. Murari is son of Harcharanlal.