JUDGMENT

1. This second appeal has been filed under section 100 of CPC against the impugned judgment and decree dated 31.1.2012 passed by Additional Judge to Second Additional District Judge Basoda (Fast Track Court), District Vidisha, in First Appeal No.61A/2011, confirming and modifying the judgment and decree dated 8.9.2010 passed by Civil Judge Class-1, Vidisha in Civil Suit No. 7A/2010.

2. This second appeal was admitted for hearing vide order dated 21.10.2013 on the following substantial questions of law :-

“1. Whether, both the Courts below have committed an illegality having not granted the decree under section 12(1) (e) of the Accommodation Control Act while recording the finding which suffers from perversity of approach ?

2. Whether, the lower appellate Court has committed an illegality while setting aside the judgment and decree under ection 12 (1)(a) despite recording a positive finding with respect to nonentitlement of the defendant to get benefit under Section 12(3) of the Act ?”

3. The facts of the case in brief are that deceased plaintiff-Kasturchand Jain instituted a civil suit under section 12(1)(a) and 12(1)(e) of the MP Accommodation Control Act, 1961 (for br