LAWS(MPH)-1994-9-41

BHAGATSINGH Vs. BHOJSINGH RAO

Decided On September 06, 1994
BHAGATSINGH Appellant
V/S
BHOJSINGH RAO Respondents

JUDGEMENT

(1.) This Second appeal has come up before us on a reference made by learned single Judge - (Shri V. S. Kokje, J.).

(2.) Respondents are landlords of a building let out to the appellant-tenant. They filed a suit for eviction of the tenant under Section 12(1)(h) of the M. P. Accommodation Control Act 1961 (for short 'the Act') on the ground that the building was bona fide required for the purpose of rebuilding which cannot be carried out without the accommodation being vacated. The tenant defended the suit. The trial Court dismissed the suit. In the appeal filed by the landlords, the 1st Appellate Court reversed the findings of the trial court and granted a decree for eviction under Section 12(1)(h) read with Section 18 of the Act. The Lower Appellate Court directed the tenant to vacate the building on or before 28-2-1990 anal the landlords to construct the building on or before 28-2-1991 and to put the tenant in possession of the building on or before 31-3-1991. This decree is being challenged in the Second Appeal.

(3.) The learned single Judge who heard the second Appeal, on reappreciation of the evidence came to the conclusion that the findings of the learned 1st Appellate Court are reasonable and not arbitrary. In particular the learned single Judge upheld the finding that the building needed rebuilding and for that purpose required to be vacated and the landlords have the required funds for the purpose.