SITARAM Vs. RAMGOPAL

JUDGEMENT

(1.) THE tenants have filed this second appeal under section 100 of the Code of Civil Procedure (for short 'the Code') against the judgment and decree dated 2.11.1993 rendered by Sixth Additional District Judge, Ujjairi, in Civil Regular Appeal No. 207A/88, thereby sustaining the judgment and decree dated 28.2.1984 passed by First Civil Judge; Class -I, Ujjain, in C.O.S. No. 120 -A/83.

(2.) BRIEFLY stated, the facts of the case are that the respondent filed the suit for eviction. The accommodation was let at monthly rent of Rs. 50.00 for non -residential purpose. The suit was decreed under section 12 (1) (f) of the M.P. Accommodation Control Act, 1961 (for short 'the Act'). The appeal was filed. In appeal an application under Order VI Rule 17 of the Code was submitted. Similar application was rejected by the trial Court. The first appellate Court had allowed the application and remanded the case to the trial Court on 26.10.1988. The order of remand was, however, set -aside by the High Court in Second Appeal No. 47 of 1989 and Misc. Appeal No. 26/89 on 23.7.1993 with direction to the first appellate Court to consider the application alongwith the merits and then pass appropriate order. This is how the first appeal was heard again. The first appellate Court dismissed the application for amendment and also dismissed the appeal. Thereafter the tenants have filed this second appeal.

(3.) I have heard Shri G.M. Chaphekar, learned senior counsel with Shri K.S. Sharma, for the appellants and Shri L.P. Bhargava, learned senior counsel with Shri Oza, for the respondent, today.