Lahoti, Ag.C.J. -- 1. This appeal is directed under section 96 of the Code of Civil Procedure, 1908, assailing the judgment and decree dated 28.8.1999 passed by XIth Additional Judge to the Court of District Judge, Jabalpur in Civil Suit No.39-A/1999.

2. By the aforesaid judgment and decree, a suit filed by the appellant for declaration that the judgment and decree passed in earlier Second Appeal No.813/1995 (Hafizullah and another v. Smt. Shikhar Chand Jain and others) dated 12.5.1997 be declared as null and void and a decree of eviction be granted in favour of the appellant was dismissed. The trial Court has dismissed the suit on the ground that it was not maintainable, the trial Court was not jurisdiction to grant such a decree. On the aforesaid ground, the suit was dismissed.The trial Court further found that the judgment and decree passed on Second Appeal No.813/1995 dated 12.5.1997 was not against the settled principles of law and was not liable to be set aside. The appellant was not entitled for a decree of eviction under section 12(1)(f) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as ‘Act’ for short). The suit was also not maintainable under