MAHENDRA KUMAR JAIN Vs. BRJWASI UPADHYAYA

JUDGEMENT

(1.) This is a second appeal under Section 100 C.P.C. by the plaintiff. The following substantial questions of law were formulated at the time of admission of this appeal by order dated 3.4.1991 : -

(2.) WHETHER in the facts and circumstances of the case, the first appellate Court erred in law in reversing the finding of the trial Court and rejecting the claim of the plaintiff for eviction of the defendant from the suit accommodation on the ground specified in clause (g) of Sub -sec. (1) of Sec.12 of the M.P. Accommodation Control Act, 1961.

(3.) WHETHER , in any case, the defendant having already released non -residential part of his tenancy situated in the ground floor in favour of the plaintiff, the first appellate Court erred in law in directing the plaintiff to hand over possession of the said part to the defendant/tenant.