AMAR SINGH Vs. RAMKUNWARBAI

JUDGEMENT

(1.) THIS second appeal by one of the three defendants (No.1) filed under Section 100 of the CPC is directed against the Judgment and decree dated 31.1.85, passed by 1st Addl. District Judge Mandsaur, in Civil Appeal No. 62 -A/83, in affirmance of the judgment and decree dated 23.9.83, passed by 1st Addl. Civil Judge, Class -II Mandsaur, in Civil Original suit No. 596 -A/80, decreeing suit of plaintiffs -respondents (No.1 to 4) for ejectment of the defendants from a non -residential accommodation on the ground as specified under clause (t) of Section 12(1) of the M.P. Accommodation Control Act (for short 'the Act').

(2.) ADMISSION of this appeal has been procured on following substantial questions of law : -

(3.) QUESTIONS No.1 and 2 are inter -related and the only point pressed before me is that the tenancy in question was for indefinite period and as such for life time of the appellant -tenant and so long he continued to pay rent regularly no action for his eviction was maintainable in law. Reliance in this behalf is placed on three decisions, namely : (i) Bavasahed (AIR 1954 Bombay 257), (ii) Chapsibhai (AIR 1964 Bombay 287) and (iii) VP. Sinha (AIR 1971 Allahabad 297).