SANTOSH KUMAR Vs. JAMA MASJID COMMITTEE, SAGAR

JUDGEMENT

(1.) THIS is an appeal filed by the defendants under Section 100 Of the Code of Civil Procedure, against the judgment and decree passed by Additional Judge to the Curt of District Judge, Sagar, dated 7.9.1983, in Civil Appeal No. 29 -A of 1983 arising out of judgment and decree dated 2.8.1972, passed by I Civil Judge Class -II Sagar, in Civil Suit No. 131 -A of 1970.

(2.) THE plaintiff's suit for ejectment was on the grounds of sub -letting, denial of title, need of rebuilding and also for causing damage to the accommodation, in question. The defendants 1 to 4 are alleged to have sub -let the suit premises to defendants 5 and 6 without taking permission of the plaintiff. The defendant No. 5 was running a typing shop and the defendant No. 6 was running a Pan -shop in the suit premises. Since the defendants 1 and 2 had pleaded in their written statement that there are two rooms on the eastern side belong to them which are in possession of the defendants; and they asserted title to the same in their own right as owners thereof, it amounts to denial of title of the plaintiff. Consequently, the defendants were liable to be evicted under Section 12 (1) (c) of the M.P. Accommodation Control Act (herein after referred to as 'the Act') also.

(3.) THE trial Court dismissed the suit. The plaintiff preferred the first appeal which was allowed holding that the denial of title under Section 12 (1) (c) of the Act had been proved and further sub -letting of the accommodation was also proved. Hence, ground under Section 12 (1) (b) of the Act is also made out. The other grounds under Section 12 (1) (a), 12 (1)(d) and 12 (1) (h) of the Act were not accepted by lower appellate Court.