GANGASINGH Vs. SMT. SARDARBAI

JUDGEMENT

(1.) This is a Second Appeal filed by the appellant defendant against the judgment and decree dated 5.7.1966 passed by the District Judge, Indore in Civil Regular Appeal No. 70/86 whereby the learned Lower Appellate Court has confirmed the judgment and decree of eviction dated 26.4.1984 passed by the Vth Civil Judge Class II, Indore in Civil Suit No. 237-A/1973.

(2.) The material facts giving rise to this appeal, briefly stated, are as follows:-

(3.) According to the plaintiff's case, the accommodation in question was let out to the defendant for residential purpose and the defendant is using the same for business purpose also inasmuch as he prepares Chaat therein. The plaintiff also pleaded that the defendant has constructed his own house which is being used by him for his residence and business and as such, he is liable to be evicted under section 12(l)(i) of the Act. The defendant denied the plaintiff's case and according to his pleadings, he has obtained the suit accommodation not only for his residential purpose, but also for his business.