Defendant was a watchman, authorized to remain in possession of the premises by plaintiff. Whether…
Section 12 of the Madhya Pradesh Accommodation Control Act, 1961 governs eviction of a tenant, and a watchman allowed to stay in the premises on the owner's behalf is not a…
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Defendant was a watchman, authorized to remain in possession of the premises by plaintiff. Whether eviction suit under Section 12 of Accommodation Control Act, 1961 is maintainable against him?
Answer and explanation
Correct answer C
Section 12 of the Madhya Pradesh Accommodation Control Act, 1961 governs eviction of a tenant, and a watchman allowed to stay in the premises on the owner's behalf is not a tenant under section 2(i). An eviction suit under section 12 is therefore "not maintainable" against him in any forum; the owner must recover possession through an ordinary civil suit, since a watchman acquires no interest in the property (Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira, 2012).
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Madhya Pradesh Judicial Services