P.P.NAOLEKAR, ARIJIT PASAYAT
Pratap Rai Tanwani – Appellant
Versus
Uttam Chand – Respondent
JUDGMENT
Arijit Pasayat, J.-The tenants are in appeal against the impugned judgment of the VIIth Civil Judge No. 2, Bhopal, M.P., the first Appellate Court, and finally the judgment of affirmation by learned Single Judge of the Madhya Pradesh High Court at Jabalpur. Background facts in a nutshell are as follows :
2. A suit for eviction was filed before the trial court under Section 12(1)(a)(b) and (f) of the Madhya Pradesh Accommodation Control Act, 1961 (in short the Act ). The plaintiffs filed the suit on the ground that (a) there was default in payments of the rent due, (b) the tenant (defendant No. 1) had unlawfully sublet the tenanted premises and (c) for bona fide requirement. The trial court framed, in total, 13 issues and held that the need of the plaintiffs, so far as the suit premises are concerned, was genuine and bona fide. It was also held that the plaintiffs had not got other suitable accommodation available and the defendant No. 1 had sublet the premises to defendant No. 2. The suit was accordingly decreed.
3. In appeal the Appellate Authority held that the plea of subletting was not established. However, the finding regarding bona fide need was affirmed by the First A
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