Madhya Pradesh High Court
Samsher Singh vs Mahesh Prasad Judgement Given By: ... on 18 October, 2013
1
Second Appeal No.1270/1999
18.10.2013
Shri Kishore Rai, Advocate for the appellant. This appeal is directed against appellate judgment and decree dated 22.10.1999 by which a suit under section 12(1)(a) of the M.P. Accommodation Control Act was decreed against the appellant.
Learned counsel for the appellant submitted that the trial court had erred in decreeing the suit against the appellant. It is further submitted that no case was made out under section 12(1)(a) of the M.P. Accommodation Control Act to decree the suit.
From perusal of the judgment and decree passed by the court below it appears that the defence of the appellant was struck out under section 13(6) of the M.P. Accommodation Control Act. Thereafter, the appellant was required to adduce the evidence but the appellant had not adduced the evidence in spite of allowing opportunities and on 20.8.1996 when none had appeared for the appellant, the evidence was closed and the judgment was passed. It appears that the appellant had not complied with the provisions as contained in section 13(2) of the M.P. Accommodation Control Act and his defence was struck out.
In the aforesaid circumstances, if the trial court decreed the suit under section 12(1)(a) of the M.P. Accommodation Control Act, no fault is found. This appeal does not involve any substantial question of law for consideration of this court. Accordingly, this appeal is dismissed at admission stage with no order as to cost.
(Krishn Kumar Lahoti) Acting Chief Justice HS