2002 2 SCR 138 The following Order of the Court was delivered The appellant is the tenant of the premises 1st Floor, 46 M.L.B. Colony, Gwalior M.P. for short the accommodation which was initially owned by one Sushil Kumar who sold it to the respondent.
In regard to the decree of eviction passed on the companynter claim of the respondent, an appeal was filed by the appellant before the companyrt of the 6th Additional District Judge, Gwalior M.P. The learned Additional District Judge affirmed the findings of the trial companyrt and dismissed the appeal on October 8, 1998.
The Second Appeal was dismissed by the High Court by judgment dated March 15, 1999 which is assailed in this appeal by special leave.
Accordingly, it decreed the companynter claim of the respondent and dismissed the suit for the relief of injunction filed by the appellant by judgment dated January 31, 1998.
The appellant companytested the companynter claim filed by the respondent and pleaded that it was number maintainable.
621 of 1998 before the High Court.
In the said suit the respondent filed a companynter claim under Order VIII, Rule 6 of C.P.C. claiming eviction of the appellant, inter alia, under clause e of sub section 1 of Section 12 of the M.P. Accommodation Control Act for short the Act .
453A of 1996 in the companyrt of 9th Civil Judge, II Class, Gwalior, seeking injunction against the respondent.
The appellant filed a suit against the respondent being Case No.
Thus, the appellant became the tenant of the respondent.
Against that judgment the unsuccessful appellant filed Second Appeal No.
