JUDGMENT

Sanjay K Agrawal, J. - This second appeal was firstly admitted on 25/07/1994 by formulating the following substantial question of law :-

"1. Whether the Courts below committed an error in ignoring the ground of disclaimer of title because that plea was taken by the appellants only by way of amendment, but not in the original plaint ?"

Thereafter, again by order dated 16/09/2019 read with order dated 18/10/2019, an additional substantial question of law was framed, which is as follows :-

"2. Whether both the Courts below were justified in not granting decree in favour of the plaintiffs under Section 12 (1) (f) of the Chhattisgarh Accomodation Control Act, 1961 after having recorded a finding that they have no other alternative reasonably suitable accomodation for their non-residential purpose of their own at Raigarh ?"

(For the sake of convenience, parties would be referred hereinafter as per their status and ranking shown in the suit before the trial Court.)

2. Plaintiffs filed Civil Suit No. 87-A/89 for eviction, arrears of rent and damages against original defendant namely Sagarmal Beriwal stating inter alia that suit accomodation i.e. House No. 193/1 situated at Ward