HUKUMCHAND Vs. ARJUN SINGH SISODIYA

JUDGEMENT

(1.) This appeal under Section 96 of the Code of Civil Procedure has been preferred against the judgment and decree dated 7.9.94 passed by second Additional District Judge, Hoshangabad. dismissing the suit of the appellant/plaintiff for eviction of the respondent/defendant from the suit premises.

(2.) The suit premises are municipal shop Nos. 18 and 19 in Jawahar Market of Itarai town in District Hoshangabad. According to the plaintiff the shops in suit were leased to the plaintiff by municipal council. He sub-let them under agreement dt. 1st of March, 1987 for a period upto 28th February. 1980 which was extended upto 15th June. 1980.

(3.) The suit was founded on the alleged agreement of sub-tenancy (ex. pl)dt. 1.3.1976 and as the plaint allegations show eviction of the respondent sub-tenant was sought by setting up bonafide need under Section 12 of the M.P. Accommodation ControlAct, 1961( hereinafter referred to as the 'Act' of 1961).