BALVEER SINGH Vs. KISHANLAL

JUDGEMENT

(1.) This is tenant's appeal whose eviction has been ordered under Cl.(c) of S.12(1) of the Madhya Pradesh Accommodation Control Act, 1961, for short, the 'Act' by two Courts below.

(2.) Having taken the view that the interpretation of S.12(1)(c) aforesaid in several decisions of this Court manifested divergence of views and the matter required consideration of a larger Bench, I framed for that Bench's consideration, the question "Whether mere disclaimer of landlord's title by the tenant/defendant entitled the landlord to a decree for his eviction in terms of S.12(1)(c) of the Act without proving further that such disclaimer affects the plaintiff's interest adversely and substantially ?"

(3.) The matter has since been considered by a Division Bench of this Court which has rendered an 27-3-1987 (AIR 1988 Madh Pra 225) its opinion on the question aforesaid. In para 6 of the opinion, the Bench has concluded that "in a case where there is a 'disclaimer' as explained hereinabove, mere 'disclaimer' is sufficient to constitute an act which is likely to affect adversely and substantially the interest of the landlord in the accommodation constituting ground for his eviction under S.12(1)(c)."