MADAN LAL Vs. BHANWARLAL AND OTHERS

JUDGEMENT

(1.) This second appeal by the plaintiff is directed against the appellate Judgment and decree dated 11.1.1985, passed by the Addl, District Judge, Indore, in Civil Appeal No. 37A of 1984, arising out of the trial Court's judgment and decree dated 29.10.1983, passed by the Civil Judge, Class II, Indore in Civil Suit No. 23A of 1982.

(2.) The plaintiff brought a suit for eviction against the respondents on the ground of arrears of rent, bona fide requirement and sub-letting-grounds specified under Sec. 12(l)(a). 12(1) (e) and 12(1) (b) of the M.P. Accommodation Control Act, 1961 (for short, the Act). Defendant-respondent No.3 Hiralal in his written-statement admitted these grounds, while the other two respondents Bhanwarlal and Prabhawati, in their joint written-statement, denied the aforesaid grounds and contested the suit. Their cases was that the plaintiff had no bona fide requirement of the suit accommodation and they were in fact inducted as tenants. They denied the sub-tenancy and pleaded collusion between the plaintiff-appellant and respondent No. 3, who are close relations (plaintiff-appellant's son is married to the daughter of respondent Hiralal). They have also pleaded that the plaintiff had in fact obtained a decree for eviction against one Ramchandra, who was formerly occupying the suit accommodation as a tenant, in Civil Suit No. 267 of 1971, vide judgment and decree dated 20.7.1973 and in spite of this eviction decree, he failed to occupy the premises and inducted another tenant, by name Padamchand, who was evicted in the year 1976 and thereafter the premises were let out to the respondents 1 and 2 by respondent No. 3, who represented himself as owner of the suit premises.

(3.) The trial Court, on the basis of the pleadings, framed as many as six issues and answered all of them in favour of the plaintiff and passed a decree for eviction against the respondents. Respondents 1 and 2 preferred an appeal before the 7th Addl. District Judge, who by his judgment and decree dated 11.1.1985, set aside the trial Court's judgment and decree.