RAJ SINGH Vs. ANIL KUMAR

JUDGEMENT

(1.) This is tenant's appeal against the eviction decree passed by the Court below in the reversing judgment.

(2.) Plaintiff/respondent filed the eviction suit against the appellant seeking his eviction from the suit accommodation more particularly described in para 2 and 3 of the plaint. Plaintiff sought eviction on the grounds contained in Section 12(1)(a),(e),(g) and (i) of the M.P. Accommodation Control Act, 1961 (herein after referred to as the 'Act'). Claim was resisted by the appellant/defendant. Based upon pleadings trial Court framed issues and allowed the parties to adduce evidence. Learned trial Judge dismissed the suit holding that no ground for eviction was made out by the plaintiff. Aggrieved by Judgment and decree of the trial Court, plaintiff preferred first appeal. The Court below after appreciating pleading and evidence, decreed the suit and order eviction of the appellant from the suit premises under Section 12(1) (a) and (e) of the Act but did not accept the case of plaintiff for eviction under Section 12(1) (g)and(i) of the Act. Hence this appeal is by the tenant and cross objection by the plaintiff/respondent.

(3.) The tenant's appeal was admitted on the following substantial questions of law: