LEELA SONI Vs. RAJESH GOYAL

JUDGEMENT

(1.) Leave is granted.

(2.) This appeal is from the judgment and order of the High Court of Judicature of Madhya Pradesh,Jabalpur Bench at Gwalior (sic), decreeing the suit of the landlord against the tenant, by allowing the Second Appeal No. 18 of 1993 on May 4, 2000.

(3.) The appellants are the legal represen-tatives of the original tenant, late Kanwar Lal Soni (referred to in this judgment as 'the tenant') and the respondents are the successors-in-interest of the landlord, late Madholal Basant Lal (hereinafter referred to as, 'the landlord'). The tenant obtained premises No. 83 situated at Agra-Mumbai Road, Shivpuri, (M.P.) (hereinafter referred to as, 'the suit accommodation') from the landlord on rent of Rs. 30/- p.m. which was later enhanced to Rs. 40/- p.m. The landlord filed the suit (Civil Suit No. 63-A/86) in the Court of Second Civil Judge, Class II, Shivpuri, against the tenant for eviction of the suit accommodation on two grounds : (i) default in payment of rent of Rs. 1080/- and claiming total sum of Rs. 1210/-, said to be due, from the tenant - under S. 12(1)(a) and (ii) encroachment on a portion of land not let to him and raising construction thereon (re ferred to as, 'the disputed portion') under S. 12(1)(o) of the Madhya Pradesh Accommo-dation Control Act, 1961 (for short, 'the Act'). The tenant pleaded that the rent due was deposited after the service of notice of the suit and that the alleged unauthorised construc-tion was made with due permission of the landlord.