Madhya Pradesh Court October 1982 Judgments

Chhotelal Vs. Akbarali and anr.

Court: Madhya Pradesh

Reported in: AIR1983MP50

Sohani, J.1. This Full Bench has been constituted to decide the following question referred by Hon. Vijaywargiya. J. in Civil Second Appeal No. 422 of 1979:'Whether a ground for eviction under Section 12 (1) of the Act, which was not in existence at the time of the filing of the suit but came into existence during the pendency of the suit can be made a ground for eviction by amendment of the plaint and whether a decree for eviction can be passed on such ground?'2. The facts giving rise to this reference; briefly are as follows:--During the pendency of the suit for eviction, the plaintiff-respondents filed an application for leave to amend the plaint by claiming the relief of eviction on an additional ground specified in Section 12 (1) (h) of the M. P. Accommodation Control Act, 196l (hereinafter referred to as 'the Act'), that the suit accommodation was also required for reconstruction, which could not be done without evicting the defendant-tenant from the leased premises. The applicat...