RAJKUMAR CHUG Vs. DHEERENDRA CHUG AND OTHERS

JUDGEMENT

(1.) The present appeal under section 100, Civil Procedure Code has been preferred at the instance of the defendant/tenant. The respondents/plaintiff have filed suit for eviction under section 12(1)(a)(e) and (o) of the M.P. Accommodation Control Act, 1961 (for brevity the Act ). The suit was dismissed on the ground of section 12(1)(a) and (e) of the Act but decreed under section 12(1)(o) of the Act. Challenging the said decree passed under section 12(1)(o) of the Act, the present appellant has preferred First appeal under section 96 of Civil Procedure Code before the Appellate Court.

(2.) The respondents/plaintiff preferred cross-objection under Order 41, Rule 22 , Civil Procedure Code challenging the findings of the Appellate Court by which the suit was dismissed on the basis of section 12(1)(a) and (e) of the Act. The first appellant/plaintiff as well as cross-objection preferred by the respondents/defendant. In the result, the appellant suffered under section 12(1)(o) of the Act, therefore, the appellant has preferred Second Appeal under section 100, Civil Procedure Code before this Court. Respondents did not prefer to challenge the said findings.

(3.) This Court has admitted the appeal vide order dated 7-4-2003 on following substantial questions of law -