- (1.)THIS is appeal by the defendant against the judgment and decree dated 10-1-1978 passed by the Second Additional District Judge, gwalior in Civil Appeal No. 18-A/77 confirming the judgment and decree dated 15-1-1977 passed by the Fourth Civil Judge, Class II, Gwalior in Civil suit No. 39-A/72 decreeing the suit of the plaintiff on the ground under sections 12 (1) (a) and 12 (1) (h) of the Accommodation Control Act, 1961 (hereinafter referred to as the Act ).
(2.)THE plaintiff respondent instituted the present suit on the allegations that the tenant is occupying the suit shop at the rate of Rs. 20 p. m. In the plaint, the rent is claimed to be due from 17-10-1971; and an amount of Rs. 190 is claimed on account of arrears of rent and mesne profit. The date of the suit is 31-7-1972.
(3.)THE plaintiff claimed the decree on the ground of reconstruction of the suit shop. The allegations that the plaintiff has prepared the requisite plans and estimate, and is possessed of sufficient means to reconstruct the suit shop along with other premises.