MOHD. MAHMOOD HUSSAIN Vs. ASAD ULLA USMANI

JUDGEMENT

(1.) THIS is an appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 11.7.1995, in Civil Appeal No. 6 -A of 1995, passed by IXth Additional Judge to the Court of District Judge. Jabalpur, arising out of judgment and decree dated 4.1.1995, passed by Xth Civil Judge Class -II. Jabalpur in Civil Suit No. 54 -A of 1994.

(2.) THE essential facts necessary for determination of the appeal are as follows -

(3.) THE trial Court decreed the claim of the respondent only on the ground of Section 12(1) (a) of 'the Act'. It declined to grant decree under Section 12(1) (f) of the Act' as it held that the respondent had an alternative accommodation of 50' x 50' apart from the suit -shop and it was sufficient for the need of the son of respondent for opening his office of an advocate. The trial Court held that ground under section 12(1) (h) of the Act' was not made out.