RADHA KISHAN Vs. BHAGWAN DAS

JUDGEMENT

(1.) The crucial provision, of which interpretation is in issue, in this case, of the Madhya Pradesh Accommodation Control Act, 1961, for short, the Act, deserves to be quoted, at the outset, in extenso :

(2.) However, it is necessary also to keep in view relevant primary provisions of the Act directly relatable to the right contemplated under Section 18(3) aforequoted. Those provisions are to be read in clause (h) of Sub-Section (1) and Sub-Section (7) of Section 12, but I would extract Sub-Section (7) at appropriate stage. What follows below is Section 12(1) with relevant clause (h) --

(3.) The respondent had filed a suit for appellant's eviction, which was decreed in Courts below on more than one ground. Finally, that matter was disposed of by this Court on 16-12-1978 in Second Appeal No. 41 of 1971 sustaining the order of ejectment of appellant in terms of Section 12(1)(h) of the Act, with the direction undermentioned :