T.P. Sharma, J.

1. By this appeal under of the Code of Civil Procedure, 1908 (for short 'the Code'), the Appellant has challenged legality & propriety of the judgment & decree dated 23-10-92 passed by the 1st Additional District Judge, Raipur in Civil Appeal No. 58A/91 allowing the civil suit by reversing the judgment & decree of dismissal of suit, dated 1-8-88 passed by the 7th Civil Judge Class-II. Raipur in Civil Suit No. 98A/86. The lower appellate Court has decreed the suit under Sections 12 (1) (g) & (h) of the Chhattisgarh Accommodation Control Act, 1961 (for short 'the Act').

2. This appeal is admitted for hearing on the following substantial question of law:

Whether the ground Under Section 12(1)(h) of the M.P. Accommodation Control Act, 1961 is made out, taking into consideration the effect of Section 12(7) of the M.P. Accommodation Control Act, 1961.

3. Original Respondent Shiv Shankar Sharma (since deceased) has filed cross-objection under Order 41 Rule 22 read with Rule 33 of the Code and I.A. No. 3464/1993 for taking additional evidence under Order 41 Rule 27 of the Code.

4. As per pleadings of the parties, original Respondent/Plaintiff Shiv Shankar Sharma (since d