ANIL KUMAR ALIAS OM PRAKASH Vs. RAMESH CHAND

JUDGEMENT

(1.) This is landlord's appeal against the reversing judgment and decree - whereby the eviction decree passed by the trial Court was set aside and the suit was dismissed.

(2.) Plaintiff/appellant filed the eviction suit against the respondent/tenant seeking his eviction from the non-residential accommodation. It is situated in Neemuch. Plaintiff sought eviction on various grounds covered by Section 12(1) of the M.P. Accommodation Control Act, 1961 (herein after referred to as the 'Act'). Claim was resisted by the appellant/defendant. As usual, tenant denied the grounds urged for eviction. Based upon pleadings, trial Court framed issues and allowed the parties to adduce evidence. Learned trial Judge on appreciation of evidence, decreed the suit under Section 12(1) (b) (c) and (f) of the Act and ordered eviction of the respondent herein. Matter was carried in first appeal by the respondent. Learned District Judge, Neemuch heard the appeal. By the impugned judgment and decree, appeal was allowed and the entire suit for eviction was dismissed. Aggrieved by judgment and decree of the trial Court, plaintiff has now preferred this second appeal. The appeal was admitted for final hearing on the following question of law:-

(3.) In view of the substantial question of law formulated at the time of admission, learned counsel "Confined their submission on that point, as a result, we do not have to tackle any other issue.