JUDGMENT

This second appeal, under Section 100 of CPC, has been filed against the judgment and decree dated 23.01.2025 passed by Principal District Judge, Datia in RCA No. 32 of 2023, by which the judgment and decree dated 03.05.2023 passed by Second Civil Judge, Senior Division, Datia in RCSA No. 49 of 2014 has been reversed and the decree under Section 12(1)(f) of the M.P. Accommodation Control Act (for short “the Act”) has been passed.

2. The facts necessary for disposal of the present appeal, in short, are that respondent filed a suit for recovery of rent, as well as, for eviction and mesne profits in respect of a shop situated at Patwa Triangle. Earlier, the suit was dismissed by judgment dated 30.03.2019 passed by Second Civil Judge, Class II, Datia. Being aggrieved by the judgment and decree, respondent preferred an appeal, which was allowed by order dated 04.03.2021, and the matter was remanded back with a direction to amend the issues as well as to decide the appeal after giving full opportunity of hearing to the parties. Thereafter, the trial court by judgment and decree dated 03.05.2023 again dismissed the suit filed by respondent. However, the appeal filed by respondent