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2003 DIGILAW 1230 (MP)

Kamal v. Mahendra Kumari

2003-11-12

A.K.AWASTHY

body2003
Judgment ( 1. ) APPELLANT/defendant has filed this IInd appeal under Section 100, CPC against the judgment and decree dated 13-3-2003 passed by the Additional District Judge, Sendhwa (West Nimar) in First Appeal No. 25-A/2001, confirming the judgment and decree dated 31-10-2001 passed by Civil Judge Class-I, Sendhwa (West Nimar) in Civil Suit No. 51-A/97. ( 2. ) THE case of the respondent plaintiff is that the defendant is a tenant of the respondent plaintiff in the residential accommodation situated at Sendhwa at Ward No. 14 on the monthly rent of Rs. 18/- per month and that the defendant has sub-let the suit house and he has acquired a reasonable suitable accommodation of his own and the defendant has not vacated the suit premises even after the quit notice and as such the defendant be evicted from the suit premises under Section 12 (1) (b) and 12 (1) (i) of the M. P. Accommodation Control Act. ( 3. ) THE learned Trial Court has held that the defendant has left the suit premises and has shifted in his own accommodation and the defendant has inducted one Anil in the suit house as a sub-tenant. The learned Appellate Court has confirmed the finding and dismissed the appeal. ( 4. ) THE statement of the plaintiff that the defendant has inducted one Anil as a sub-tenant without the permission of the plaintiff and that defendant has started living in another accommodation, are duly corroborated by the statement of Laxmmarayan and Sanjay. The defendant has not examined Anil the alleged sub-tenant who is the brother of the defendant. The concurrent finding of both the Courts are based on appreciation of evidence and they are in accordance with the evidence on record and the law applicable in the case. No substantial question of law exist. ( 5. ) THE appeal is devoid of merits and it is, hereby dismissed.