(1.) THE defendant/appellant has directed this appeal against judgment and decree dated 31st July, 1995, rendered by XV Additional District Judge, Indore in Civil Suit -No. 30 -A/96, thereby decreeing the suit filed by the respondent No.2 plaintiff, for ejectment from the suit -accommodation under section 12 (1) (b) and 12 (1) (e) of the Madhya Pradesh Accommodation Control Act, 1961 (for short 'the Act') against appellant and respondent. No. 2/defendant.
(2.) THE facts of the case lie in a narrow compass. That respondent No. 1/plaintiff filed a suit against appellant and respondent No.2 for arrears of rent and eviction from the house situated -at 88, Chandralok Colony, Indore under different provisions of section 12 of the Act, but at the trial, the suit was contested only under section 12 (1) (b) and 12 (1) (e) of the Act, on the allegation that the appellant, after taking the suit -accommodation on rent from respondent No.1/plaintiff on 1.11.78 as per lease -deed, Exh. P/9, on 11.10.78, unlawfully without written permission of the land -lord parted with the possession of the suit -accommodation and was given to respondent No.2 (defendant No.2), thereby committing breach of contract of the agreement. The suit was also contested on the ground of bonafide requirement of the suit -accommodation for the residence of the plaintiff himself and his family members, as the plaintiff has no other reasonably suitable residential accommodation of his own in his occupation in the city of Indore, under section 12 (1) (e) of the Act. The Court declined to give its decision on issue Nos. 2, 3, 6, 7, 8 and 9. The Court recorded the findings on Issue Nos. 4, 5, 10 and 11 only and decreed the suit of the plaintiff for eviction from the suit -accommodation, of the appellant and respondent No. 2, under section 12 (1 ) (b) and 12 (1) (e) of the Act.
(3.) THE trial Court framed the issues and recorded evidence of the parties. As indicated earlier, the suit was contested only on the grounds of section 12 (1) (b) and 12 (1) (e) of the Act. The Court recorded findings on issue Nos. 4 and 5 in favour of the plaintiff and decreed the suit for eviction against the appellant and respondent No.2 (defendant No.2). Aggrieved by the judgment and decree of the trial Court, only defendant No.1/appellant has filed this appeal. The defendant No.2 (respondent No.2) did not file any appeal against the decree of the trial Court.