Substantial compliance with procedural rules, such as framing points for determination, is sufficient if the judgment reflects a conscious application of mind and is supported by reasons.

JUDGMENT :

1. I.A. No. 03/2022, Application for amendment, is allowed.

2. The appellant is directed to incorporate the same.

3. Heard on admission.

4. This appeal has been preferred by the defendant under Section 100 of the Code of Civil Procedure, 1908 questioning the legality and propriety of the judgment and decree dated 15.07.2021 passed by the District Judge, Bastar, Place Jagdalpur in Civil Appeal No.11-A/2008, whereby, the lower appellate Court, while affirming the judgment and decree dated 02.09.2008 passed by First Civil Judge, Class-I, Jagdalpur in Civil Suit No. 1A/2005 has dismissed the defendant's appeal by partially modified the decree. The parties to this appeal shall be referred to hereinafter as per their description in the trial Court.

5. The brief facts, as reflected from records are that the plaintiff-Ramchandra Rath instituted a suit claiming decree for eviction of the defendant – P. Reddeyya on the grounds enumerated under Section 12(1)(e) and (g) of the Chhattisgarh Accommodation Control Act, 1961 (for short "Act, 1961") by submitting inter alia that the defendant was put in possession of the suit house situated at Rajendra Nagar, Jagdalpur as described in red colour marked as “ABCD” in plaint Schedule “A” at the monthly rent of Rs.500/-, which was enhanced subsequently to the tune of Rs. 800/- per month in the year 2000. It is alleged in the plaint that the defendant has stopped paying rent to him since October, 2001 and has failed to deposit the arrears of rent of Rs.19,200/-despite requests being made in this regard. Further contention of the plaintiff is that the suit house is in dilapidated condition and not safe for human habitation and pleaded further that it requires bona fidely for residential purpose of his family members and suitable and alternative accommodation for the said purpose is not available to him in the concerned city.

6. While contesting the aforesaid claim, it is pleaded by the defendant that the condition of the suit house is neither dilapidated as alleged by the plaintiff nor was it required bona fidely by him as he is trying to alienate the same to someone else. The claim is, therefore, liable to be dismissed.

7. The trial Court after considering the evidence led by the parties, arrived at a conclusion that the defendant, who is occupying the suit house at monthly rent of Rs.800/-, has failed to deposit the same since October, 2001 and the plaintiff is, therefore, entitled to get the arrears of rent of Rs.19,200/-. It held further, while considering the notice dated 03.02.2007 (Ex.P/10) issued by the Municipal Corporation, Jagdalpur to the plaintiff that the condition of the suit house is dilapidated and is unsafe for human habitation and held further that it requires bona fidely by the plaintiff for the residential purposes of his family members. In consequence, decreed the claim on the grounds under Section 12(1)(e) & (g) of the Act, 1961.

8. Being aggrieved, the defendant has preferred an appeal and the lower appellate Court, while meeting its reasonings only with regard to some of the issues, like Issue Nos.3 and 7 to 9 framed by the trial Court, has affirmed the decree for eviction on the ground under Section 12(1)(e) and (g) of the Act, 1961. Being aggrieved with this judgment and decree, the defendant has preferred Second Appeal before this Court which was registered as S.A. No. 260/2009. The said appeal was admitted by this Court on following question of law:-

“Whether the court below was justified in not considering the submissions made by the appellant in respect of the contentions pertaining to 12(1)(e) and (g) of the Chhattisgarh Accommodation Control Act, 1961?”

9. The Coordinate Bench of this Court vide its judgment and decree dated 05.03.2021 has allowed the second appeal by setting aside the judgment and decree. The operative part of the judgment is reproduced below:-

“16. In view of the principles laid down in the above referred matters, the findings, as recorded by the l