SUBHASH CHANDRA Vs. RISHABH KUMAR JAIN AND OTHERS

JUDGEMENT

(1.) This Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is challenging the Judgment and Decree dated 16.11.2015 passed in Civil Appeal No. 37- A/2014 by First Additional District Judge, Ashok Nagar, by which the First Appellate Court has affirmed the Judgment and Decree dated 24.10.2013 passed in Civil Suit No. 30-A/2012 by I Civil Judge Class 1, Ashok Nagar.

(2.) The necessary facts for adjudicate of the case are that the respondent No.1/plaintiff filed a suit for seeking eviction of appellant/defendant from the suit premises situated at ward No.18, Subhash Ganj, Ashok Nagar on the ground provided under Sections 12(1)(d) and (f) of M.P. Accommodation Control Act, 1961 (in short 'Act of 1961').

(3.) It is borne out from the record that the suit premisess was given on rent by father of plaintiff on 11.04.1954 on rent at the rarte of Rs.26/- per month. Thereafter, the defendant remained in possession of the suit premisess and the father of plaintiff for seeking eviction on the ground provided under Section 12(1)(f) of the Act of 1961 moved to the Civil Court by filing Civil Suit No.129-A/1988, which came to be decided on 29.02.1996 in favour of the father of the plaintiff, however, this decision was subject matter of appeal before the first appellate Court under Section 96 of the Code of Civil Procedure, 1908 in Civil Appeal No.2- A/1996. The appeal was decided in favour of the tenant and the same was allowed vide judgment dated 16.4.1996, setting aside the decree of eviction. This judgment dated 16.04.1996 was placed for scrutiny before this Court under Section 100 of CPC bearing Second Appeal No.14/1998. However, no indulgence was shown and the outcome went in favour of the tenant vide judgment dated 27.01.2004. The landlord carried the issue before the Hon'ble Apex court which was registered as SLP No.1864/2005 but the fortune of the landlord did not change as the Apex Court dismissed the SLP vide its order dated 05.12.2006.