ORDER

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. Thus, the appellant became the tenant of the respondent. The appellant filed a suit against the respondent being Case No. 453A of 1996 in the court of 9th Civil Judge, II Class, Gwalior, seeking injunction against the respondent. In the said suit the respondent filed a counter 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 ). The appellant contested the counter claim filed by the respondent and pleaded that it was not maintainable. The trial court, after framing necessary issues and on considering the evidence adduced by the parties held that the counter claim under Order VIII, Rule 6 of C.P.C. was maintainable and that the respondent required the suit premises bona fide. Accordingly, it decreed the counter claim of the respondent and dismissed the suit for the relief of injunction filed by the appellant by judgment dated January 31,