K.K.TRIVEDI
Sunil Kumar – Appellant
Versus
Dilip – Respondent
1. This appeal under section 100 of the Code of Civil Procedure is filed by the appellant-plaintiff against the judgment and decree dated 4.5.2009 passed in Civil Appeal No.3-A/2008 by the Ist Additional District Judge, Shahdol, whereby the judgment and decree dated 23.7.1999 passed in Civil Suit No.17-A/1987 by the Civil Judge Class II, Budhar, has been reversed and the suit of the appellant-plaintiff has been dismissed. This appeal is admitted on the following substantial question of law :
“(i) Whether the first appellate Court has committed error in reversing the judgment and decree passed by the trial Court decreeing the suit of the appellants against the respondents on the grounds enumerated under section 12(1)(c) of the M.P. Accommodation Control Act, 1961?
(ii) Whether the appellate Court has appreciated the evidence led by the parties contrary to the settled proposition of law?”
2. The appellant-plaintiff landlord filed a suit against the respondent-original defendant seeking a decree of eviction, on the ground of section 12(1)(c) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the Act for brevity). It was contended that admittedly the responden
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