EMERSON HYDE Vs. RAM KALI BABOOLAL SHARMA

JUDGEMENT

(1.) APPELLANT-DEFENDANT, aggrieved by the judgment and decree passed by Shri S. S. Trivedi, First Additional Judge to the Court of District Judge, gwalior, on 26th November 1984 in Civil Appeal No. 1-A of 1983, has preferred this second appeal under section 100 of the Code of Civil Procedure.

(2.) APPELLANT is the tenant and respondent is the landlord. Respondent-plaintiff filed a suit in the Court of Seventh Civil Judge Class II, Gwalior, against the appellant-defendant under section 12 (1) (e) of the M. P. Accommodation Control Act, 1961 (for short, hereinafter referred to as 'the Act'), on the ground that the suit accommodation is genuinely required for herself and members of her family. The appellant-defendant denied the version of the plaintiff and contested the suit. The suit was decreed by Trial court in favour of the respondent-plaintiff. The appellant, aggrieved by the judgment and decree of the trial Court, challenged it before the first appellate Court. The first appellate Court concurring with the findings of fact arrived at by the trial Court, dismissed the appeal. It is this judgment and decree that is being challenged in this second appeal.

(3.) THIS Court admitted the second appeal on the following substantial questions of law :-