SHYAMSUNDER Vs. BHANWARLAL

JUDGEMENT

(1.) This order shall also govern the disposal of Civil Revision No.378 of 1982 between the same parties. They arise out of the orders dt. 9-3-82 passed by the Civil Judge Class II Dhar in Miscellaneous Judicial Case No. 24 of 1981 and in the Execution Case No. 436-A of 1978.

(2.) The circumstances giving rise to these revisions are these : - Non-applicant is the tenant of the applicant in the accommodation in question (upper storey of House No.79 Shivaji Marg Dhan Mandi Dhar). A suit for eviction (Civil Suit No.436-A of 1978) was instituted against him in the Court of Civil Judge Class II Dhar under Section 12 of the Madhya Pradesh Accommodation Control Act 1961 (for short 'the Act') on the grounds of non-payment of arrears despite notice and the same also amounting to nuisance and also on the ground of encroachment of a portion of the accommodation not let to him. Thus the grounds were those mentioned in Ss. 12(1)(a), 12(1)(c) and 12(1)(e) of the Act.

(3.) The non-applicant resisted the suit contending inter alia that he had made no encroachment as alleged.