AHMEDKHAN Vs. MICHEL NATH

JUDGEMENT

(1.) THIS second appeal is at the instance of the landlord plaintiff whose claim for eviction of the defendant tenant has been dismissed by the Courts below.

(2.) LANDLORD 's claim for eviction was based on two grounds, i.e. (i) his bonafide need of the suit accommodation for his residence at Jagdalpur, and (ii) that the defendant tenant had built three blocks suitable for his residence in Gangazuda ward of Jagdalpur town. The first block was constructed in or about the year 1964. Thereafter in the year 1971, one more block was constructed with R.C.C. roof and all sanitary facilities. Later on, during the pendency of the suit in the year 1972, one more block was constructed. All the three blocks, so built, were let out by the defendant the plaintiff, therefore, claimed that the ground to eject the tenant under section 12 (1)(i) of the MP. Accommodation Control Act, 1961 also became available.

(3.) THE next point which needs determination in this appeal is regarding the availability of ground under section 12 (1) (i) of the M.P. Accommodation Control Act, 1961. The learned Lower Appellate Court was of the view that the plaintiff landlord could not avail of the ground stated under section 12 (1) (i) of the Act for the following reasons: