CHIMANLAL Vs. MISHRILAL

JUDGEMENT

(1.) This is a tenant's appeal, by special leave, against a decree of the High Court of Madhya Pradesh allowing the landlord's second appeal in a suit for eviction.

(2.) The respondent, as landlord, filed a suit for the eviction of the appellant tenant on the ground that the appellant had neither paid nor tendered the arrears of rent legally recoverable from him. The plaint recited that the appellant had taken a portion of a shop and a verandah on the ground floor on rent at Rs. 150/- per month for the purpose of this cloth business, that the appellant had not paid the arrears of rent totalling Rs. 2,550/- for the period June 26, 1968 to October 11, 1969, and that he was, therefore, liable to eviction on the ground set forth in S. 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961.

(3.) In this written statement the appellant pleaded that the respondent had described the tenanted premises incorrectly, that in fact the premises consisted of an entire shop, a kotha, behind the shop and a verandah in front of the shop, that the expenditure on repairs to the premises undertaken by the appellant had to be adjusted against the arrears of rent and that the notice dated October 21, 1959. terminating the tenancy was invalid.