( 1. ) THE appellant/tenant being aggrieved by judgment and decree dated 17. 1. 2005 passed by the First Appellate Court in Civil Appeal No. 44-A/2004 whereby the judgment and decree passed by the First Civil Judge, Class-II, Jabalpur, in Civil Suit N. 57-A/98 dated 2. 2. 2001 has been reversed and the suit filed by the landlord/plaintiff for eviction of the appellant on the ground mentioned in Section 12 (1) (f) of the m. P. Accommodation Control Act, 1961 (hereinafter referred to as the Act) has been allowed.

( 2. ) THE second appeal was admitted by this Court on the following two substantial questions of law:-

"1. Whether suppression on the part of the plaintiff/landlord regarding the premises vacated by Saukat Rai is fatal to the alleged need and the plaintiff is liable to be non suited ? 2. Whether the premises vacated by Saukat Rai is equally suitable in comparison to the suit premises and the plaintiff is liable to be non suited ?"

( 3. ) IN respect of the substantial questions of law, which are intricately interlinked, it is submitted by the learned counsel appearing for the appellant that the landlord/respondent did not make any specific averment in the plaint regard