U. N. BHACHAWAT, J.

( 1 ) THIS is an appeal arising out of a suit for ejectment by the defendant against the judgment and decree dated the 28th June, 1979 of the Court of First additional District Judge, Indore in Civil First Appeal No. 37-A of 1978, whereby it has confirmed the judgment and decree dated 28th July, 1977, of the Court of Third Civil Judge, Class II, Indore in Civil Suit No. 8a of 1972.

( 2 ) PLAINTIFF-LANDLORD (respondent herein) had filed the present suit against the defendant (appellant herein) for evicting him from the suit accommodation basing the claim for eviction on the grounds enumerated under Sections 12 (1) (a), 12 (1) (c) and 12 (1) (e) of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as the 'act' ).

( 3 ) THE two courts below negatived the plaintiff's contention regarding the ground under Section 12 (1) (a) and 12 (1) (e) of the Act, but accepting the case of the plaintiff under Section 12 (1) (e) of the Act, decreed the suit.

( 4 ) IT may be mentioned that the learned counsel for the plaintiff while supporting the decree on the ground under Section 12 (1) (e) of the Act which was found in favour of the plaintiff also asserted in sup

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