MAHANAND Vs. V.R. AYYAR

JUDGEMENT

(1.) THIS second appeal involves a Question regarding construction of Section 4 (g) and (h) of the Madhya Bharat Accommodation Control Act, 1935. The question arose under the following circumstances: -

(2.) THE defendant resisted the suit for ejectment on the ground that the premises in his occupation are residential and that therefore the plaintiff could not claim his ejectment for enabling to have non -residential accommodation. The allegation as to his having enclosed verandah and thereby having occupied excessive portion and caused obstruction to ventilation was denied, There was no contest raised regarding plaintiff's other portion of the claim.

(3.) CONSEQUENTLY plaintiff's suit for ejectment was dismissed. Decree however was passed in respect of the rest of the claim.