JAGDISHCHANDRA KATIYAR Vs. KAMLABAI

JUDGEMENT

(1.) THIS is tenant's Second Appeal. Both the Courts have gone against him.

(2.) THE facts in brief which led to the filing of this appeal be noticed. A suit was filed under Sections 12(1) and 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the Act). The ground available under Section 12(1)(a) became ineffective as the rent at the rate of Rs. 50/- P.M. has since been paid. The point for determination is as to whether the ground under sub-section 12(1)(f) stands established or not. The courts below have come to the conclusion that this ground has been established.

(3.) IT is the contention of the learned counsel for the appellant that whenever eviction is sought on the plea of bona fide requirement then the suit is not to be tried by Civil Court but it has got to go before the Rent Controlling Authority. He submits that as the suit was pending when the amendment of the Act 1983 came into force, therefore, the suit should have been transferred to the Rent Controlling Authority. It has also been argued that the position has been further clarified by the Amendment Act of 1985, as proceedings which are not to be heared by the Rent Controlling Authority are to be transferred to the Civil Court.