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1985 Supreme(MP) 79

S.K.SETH
ASIF ALI – Appellant
Versus
RAHANDOMAL – Respondent


Advocates Appeared:
FAKHRUDDIN, N.K.Palel

S. K. SETH, J.

( 1 ) THE plaintiff, Rahando-inal, filed a suit for eviction of the defendant, Asif Ali, from the suit accommodation on the ground specified in Cl. (f) of sub-sec. (1) of S. 12 of the MP. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act' ). The trial Court dismissed the suit. On an appeal having been filed by the plaintiff, the first appellate Court allowed the same and decreed the suit. It is being aggrieved by it that the defendant has filed the present appeal in this Court.

( 2 ) IT was found by the first appellate Court that the suit accommodation which had been let by the plaintiff to the defendant for a non; residential purpose was required bona fide by the plaintiff for starting his business. It was also found by the first appellate Court that the plaintiff had no other reasonably suitable non-residential accommodation of his own in the town concerned. The said two findings of the first appellate Court are findings of fact and do not suffer from any error of law. In the circumstances, the question of this Court interfering with the said findings in the present second appeal does not arise.

( 3 ) HOWEVER, there is one particular aspect of the
















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