VALLABH BHAI Vs. VASTUVID EVAM PARIMAPAK SANGH, INDORE

JUDGEMENT

(1.) THE defendant/tenant has preferred this second appeal under section 100 of Code of Civil Procedure, 1908, aggrieved by the judgment and decree passed by the Courts below, by which a decree for eviction under section 12(1)(h) and section 20 of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'Act' for short) has been passed. This appeal was admitted on 24 -9 -1994 on following substantial question of law : - Whether in the facts and circumstances of the case, Courts below could pass a decree for eviction under section 12(1)(h) and section 20 of the Accommodation Control Act, 1961? Learned counsel appearing for appellant raised following contentions: -

(2.) THE learned counsel appearing for respondent supported the judgment and decree passed by the Court below and submitted that the Court below has rightly decreed the suit of plaintiff/respondent who requires bona fidely the suit accommodation for the residence of its employees and for continuing its activity. The plaintiff is a registered institution registered under the M.P. Societies Registration Act. The Court below has found the case of plaintiff/respondent proved under section 12(1)(h) and section 20, which is a finding of fact recorded by both the Courts below and needs no interference by this Court. Reliance is placed by the respondent to a Single Bench judgment of this Court in Mohanlal vs. Vastuvid Evam Parimapak Sangh (respondent herein) in S. A. No. 491/1999 decided on 28 -8 -2003 and submitted that identical matter has been decided by this Court in respect of respondent itself and this appeal may be dismissed. To appreciate the contentions raised by the parties, it will be appropriate if the facts of the present case are stated. Respondent filed a suit for eviction against appellant on 28 -4 -1986 on following grounds : -

(3.) THE appellant contested the suit by filing written statement in which the appellant denied the allegations of the plaint and has raised following pleas : -