DANPATI ADDHAHAT BHANDAR Vs. REGD PARTNERSHIP FIRM

JUDGEMENT

(1.) THE defendant has filed this appeal challenging the judgment and decree dated 21. 11. 2001 in Civil Appeal No. 84a/2000 by 10th Additional District Judge, Jabalpur by which the suit of plaintiff/respondent for eviction under section 12 (1) (f) of the M. P. Accommodation Control Act,1961 [hereinafter referred as the Act] was decreed, by reversing the judgment and decree dated 12. 5. 2000 in Civil Suit No. 3a/98 by 4th Civil Judge, Class I, Jabalpur dismissing the suit of respondent.

(2.) THIS appeal was admitted on 21. 3. 2002 on the following substantial question of law :

(3.) THEREAFTER on notice of the appeal the respondent preferred cross-objections under Order 41 Rule 22 of the Code of Civil Procedure,1908 [hereinafter referred as the Code] challenging the findings of the Appellate Court so far as it relates to non grant of decree of eviction under section 12 (1) (b) of the Act. In this appeal on 25. 11. 2008, one more substantial question of law, on the basis of cross-objection preferred by the respondent, was framed which reads as under: