The relevant parts of section 12 of the Act are set out as under Restriction on eviction of tenants.
Subhash Chandra Pal, PW1 was examined by the trial companyrt and in his testimony he categorically stated that he and his elder brother Sameer Kumar were owners of the property in question.
The appellants filed a suit for eviction against the defendants respondents herein under section 12 1 c that the tenant has created nuisance , 12 1 f for bona fide requirement of landlord for number residential purposes and 12 1 g bona fide requirements of landlord to carry out repairs of the M.P. Accommodation Control Act, 1961.
In the plaint, it was clearly incorporated that the appellants were the owners in possession of Shop No.1214 Old No.892 , New Corporation Chowk, Wright Town, Jabalpur.
The respondents preferred first appeal before the companyrt of XIth Additional District Judge, Jabalpur.
The entire evidence was re appreciated by the appellate companyrt independently and the companyrt clearly held that the respondents have failed to prove that the appellants are in possession of any other number residential accommodation in the entire city of Jabalpur.
The first appellate companyrt dismissed the appeal.
They purchased the said shop vide sale deed dated 31.12.1991.
The appellant is particularly aggrieved by the impugned judgment because the companycurrent findings of fact have been set aside by the High Court in the second appeal without any basis, justification or companyent grounds.
The appellants have relied on Mst.
The first appellate companyrt upheld the findings of the trial companyrt.
The trial companyrt categorically held that the suit property is number the Wakf property and decreed the suit of the appellants.
Respondent number.
1 2, aggrieved by the judgment of the XIth Additional District Judge, Jabalpur, preferred a second appeal before the High Court of Madhya Pradesh at Jabalpur.
Brief facts necessary to dispose of this appeal are recapitulated as under Appellants Sameer Kumar Pal and Subhash Chandra Pal, both sons of Laxminarayan Pal who were the plaintiffs in the trial companyrt , filed a suit in the Court of the Civil Judge, Jabalpur.
The High Court gravely erred in arriving at the finding without any basis whatsoever.
Dalveer Bhandari, J. This appeal is directed against the judgment and order of the High Court of Madhya Pradesh at Jabalpur dated 17.8.2001 passed in Second Appeal No.596 of 1999.
The trial companyrt also held that the respondents have number paid rent since September, 1992 and decided the issue of default in favour of the appellants.
