JUDGMENT

1. This second appeal has been preferred by the appellants/plaintiffs challenging the judgment and decree dated 02.11.2000 passed by Additional District Judge, Sohagpur to the Court of District Judge, Hoshangabad in Civil Appeal No.3-A/1999 whereby reversing the findings on issue No.1,2,4&6 recorded in judgment and decree dated 23.12.1998 passed by Civil Judge ClassI, Pipariya, Camp Pachmadhi in Civil Suit No.3-A/97.

2. In short the facts are that the original plaintiff-Noor Mohd. (whose descendants are the appellants) instituted a suit for eviction and recovery of arrears of rent on the grounds available under section 12(1)(a)(e)&(g) of the M.P. Accommodation Control Act, 1961 (in short ‘the Act’) on the allegations that the original owner of the suit property was Abdul Aziz who in the year 1947 gifted the suit property orally to the plaintiff-Noor Mohammad. On the basis of oral gift, the plaintiff instituted Civil Suit which vide judgment and decree dated 25.9.1982 (Ex.D/2) was dismissed holding the gift to be not proved, which attained finality due to dismissal of plaintiff’s appeal vide judgment and decree dated 21.2.1984 (Ex.D/3). It is alleged that thereafter Abdul Az