RAMESH CHANDRA Vs. GURUBAKSMAL AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/plaintiff/landlord under Sec. 100 of the Code of Civil Procedure, 1908 against the judgment and decree dated 21-02-2006 passed by the First Additional District Judge, Dabra District Gwalior in Civil Appeal No.40-A/2005 whereby the judgment and decree dated 29-07-2005 passed by the Civil Judge Class-I, Dabra District Gwalior in Civil Suit No.67-A/2012 has been reversed.

(2.) The appellant has filed the suit against the respondents/defendants/tenants under Sec. 12(1)(a), (b), (c) & (f) of the M.P. Accommodation Control Act, 1961 (for brevity 'the Act'). The respondents appeared before the trial Court and filed the written statement and contested the claim of the appellant. Issues were framed and the evidence was led by the parties. After considering the submissions and evidence of the parties, the trial Court decreed the suit of plaintiff under Sections 12(1)(a) and (c) of the Act and rejected the plea of the present appellants/landlord under Sec. 12(1)(b) and (f) of the Act.

(3.) The respondents/tenants have preferred the first appeal, challenging the judgment and decree passed by the trial Court whereby the decree of eviction has been drawn on the ground under Sections 12(1)(a) and (c) of the Act. The present appellant/landlord preferred the cross-objections under Order 41, Rule 22 of CPC. The appellate Court after considering the submissions/arguments of the parties have rejected the cross-objections preferred by the present appellant and allowed the appeal preferred by the respondents/tenants and set aside the judgment and decree passed by the trial Court, therefore, the appellant/plaintiff has occasion to file this second appeal under Sec. 100 of CPC.