MAHESH SEN Vs. GOPALDAS SHARMA

JUDGEMENT

(1.) This appeal by defendant under Section 100 of the Code of Civil Procedure, 1908, is directed against the confirming judgment and decree dated 30.3.2011 passed in Civil Appeal No.5-A/2010 by First Additional District Judge, Sagar.

(2.) Plaintiffs' suit for eviction was decreed by the trial Court vide judgment and decree dated 13.3.2008 passed in Civil Suit No.30A/2006 by Civil Judge Class I, Sagar on the ground of arrears of rent; however, rejected the grounds of "bona fide need" under Section 12(1)(e) and "sub-letting" 12(1)(b) of the Madhya Pradesh Accommodation Act, 1961 (For short, 'the 1961 Act').

(3.) The first appellate Court, while confirming the judgment and decree dated 13.3.2008 passed by trial Court, has further reinforced the decree of eviction on the ground of "sub- letting" under Section 12(1)(b) of 1961 Act.