SHANKAR LAL Vs. BABULAL

JUDGEMENT

(1.) THIS appeal, under Section 100 of the Code of Civil Procedure, is directed against the judgment and decree dated 27.3.1989, passed in Civil Appeal No. 172 -A/83, by IInd Additional District Judge, Raigarh, arising out of Civil Suit No. 55 -A/83, decided by 1st Civil Judge Class -II, Raigarh on 10.12.1983.

(2.) SHORTLY stated the facts of this case are as follows. The respondents filed Civil Suit No. 55 -A/83 against the appellant Shakarlal under Section 12 (1) (f) of the MP. Accommodation Control Act, 1961 (henceforth 'the Act'). The respondents also claimed arrears of rent between July, 1982 to February, 1983 amounting to Rs. 616/ - (Rupees Six Hundred Sixteen). This Court is not required to consider any other ground of eviction, except Section 12 (1) (f) of the Act' and confines itself to the allegations regarding it in the plaint. It was claimed in the plaint that the respondent No. 2, who was one of the co -owners of the suit shop required it for his business and for this purpose, he had no other alternative accommodation of his own. It was claimed that the respondents requested his tenant, the appellant in the month of September, 1972 to vacate the suit shop, but the appellant promised to vacate it after his shop, which situate in Ward No. 14 of Raigarh known as Banjari Stores, was vacated by his tenant. It was claimed that despite the vacation of Banjari Stores, the appellant did not vacate and demanded Pagaree for vacating the suit shop.