GHULAM MOHAMMAD Vs. POONAM CHAND

JUDGEMENT

(1.) THIS is an appeal by the defendants from a judgment and decree of the Court of the Additional Judge to the 1st Additional District Judge, Bhopal, dated 16th November 1966 affirming the judgment and decree of the Court of the 1st Civil Judge, Class IT, Bhopal, dated 31st August 1965.

(2.) THE parties stand in the relation of landlord and tenant. THE appellants are the defendants. Briefly stated, the facts are that the plaintiff sought eviction of the defendants from the suit premises initially under section 12 (1) (c) of the Madhya Pradesh Accommodation Control Act, 1961 (No. XLI of 1961). THE Court of first instance having negatived any genuine requirement for residential purposes, the plaintiff went up in appeal; and in appeal he incorporated a new ground for eviction, namely, a disclaimer of his title, by amendment of the plaint. This necessitated the framing of an issue whether the defendants had denied his title and a consequent remand tinder Order 41, rule 25 of the Code of Civil Procedure with a direction to the trial Court to try the issue and record a finding thereon. On remand, the first Court held that the ground under section 12 (1) (c) was established. THE Court below has affirmed the finding. Hence this second appeal.

(3.) ON a plain construction of clause (c) of section 12 (1), it is manifest that eviction of tenants on disclaimer of title is included within its ambit. The provision is in three parts and each of them furnishes a ground for eviction, namely, (1) where the tenant has created a nuisance, (2) where the tenant has done any act which is inconsistent with the purpose of the lease and (3) when the tenant has done any act which is likely to affect adversely and substantially the interest of the landlord thereon. It is noteworthy that this provision contemplates three different contingencies. The three clauses are separate and distinct, each being separated by the word "or". The third clause "has done any act which is likely to affect adversely and substantially the interest of the landlord" is wide enough to include acts of denial of the landlord's title.