NEMICHAND JAIN Vs. SHANTI BHAI RATHORE

JUDGEMENT

(1.) THIS is plaintiff's appeal against dismissal of his suit for eviction concurrently by both the Courts below.

(2.) THE plaintiff is a tenant and the defendant is a sub-tenant but for the purposes of this suit, the plaintiff is the landlord of the defendant. The suit accommodation was sublet on monthly rent of Rs. 40/- as found by the lower appellate Court.

(3.) ON 30-12-1983, the plaintiff filed a suit for eviction on the grounds Under Sections 12 (l) (a) and 12 (l) (e) of the M. P. Accommodation Control Act, 1961 (hereinafter in short called 'the Act' ). The trial Court dismissed the suit on findings that the plaintiff, not being the owner of the accommodation, is not entitled to evict the defendant on the ground of bona fide need as also the deletion of Section 12 (l) (e), w. e. f. 15-8-1983 by the M. P. Accommodation Control (Amendment) Act, 1983 (XXVII of 1983); for the suits before the civil Courts. The ground Under Section 12 (l) (a) was not proved.