NIRBHAY KUMAR JAIN Vs. RAJKUMAR

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This second appeal under section 100 of the CPC is at the instance of the defendant-tenant challenging the decree of eviction passed by the first appellate court by the judgment dated 15.2.2016.

(3.) The respondent-landlord had filed the suit for eviction under the provisions of M.P. Accommodation Control Act with the plea that the appellant is the tenant in the suit premises and that the suit premises was received by the respondent No.1 in partition. The eviction was sought on the ground under Section 12(1)(a) of the Act for committing default in payment of rent, 12(1)(d)-non user of the premises for continuous period of more than 6 months, 12(1)(e)-bonafide need for residence, 12(1)(i)-acquisition of the premises by the appellant-tenant and 12(1)(o)-use of additional portion which was not let out, without any permission of the landlord. The trial Court had dismissed the suit but the first appellate court while reversing the judgment of the trial Court, has found that all the grounds of eviction have been proved.