SANTOSH Vs. MOHD SHARIF

JUDGEMENT

(1.) Appellants are the legal representatives of the original tenant. They are in appeal against the concurrent judgment and decree of eviction passed under Section 12(1)(a) of the M. P. Accommodation Control Act, 1961 ( hereinafter referred to as 'the Act' for short) by the Courts below.

(2.) The appeal was admitted for final hearing and the following substantial questions of law were formulated: -

(3.) Plaintiff sought eviction of the tenant from the residential suit accommodation situated in Indore. Plaintiff sought eviction on various grounds including the ground covered by Section 12(1)(a) of the Act. Claim was resisted by the appellants. Based upon pleadings, trial Court framed issues and allowed the parties to adduce evidence. Learned trial Judge on appreciation of evidence, decreed the suit and ordered eviction of the appellants herein. Matter was carried in first appeal. Learned first appellate Court by the impugned judgment and decree, dismissed the appeal and maintained the judgment and decree of the trial Court. Hence this second appeal as stated above.