CHUNNILAL Vs. MURTI SHRI CHINTAMANI PARASHVANATH BHAGWAN

JUDGEMENT

(1.) The instant second appeal preferred by the defendant / tenant u/s 100 C.P.C. assails the concurrent findings of both the courts below decreeing a suit filed by the plaintiff / landlord for eviction and recovery of arrears of rent.

(2.) Learned counsel for the rival parties are heard on the question of admission.

(3.) Learned counsel for the appellant / tenant assails the said concurrent finding on the ground that the civil suit filed in the year 1992 under the M.P. Accommodation Control Act, 1961 ( for brevity "1961 Act") by the respondent / landlord was not maintainable as the 1961 Act was inapplicable to petitioner / trust owing to the notification dated 07.09.1989 issued by the State u/s 3(2) of the Act of 1961 inter alia exempting public trusts registered under the M.P. Public Trust Act, 1951.