P. REDDEYYA Vs. RAMCHANDRA RATH

JUDGEMENT

(1.) This appeal has been preferred by the Defendant under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') questioning the legality and propriety of the judgment and decree dated 29.04.2009 passed by the District Judge, Bastar, Place Jagdalpur in Civil Appeal No.11-A/2008, whereby, the lower appellate Court, while affirming the judgment and decree dated 02.09.2008 passed by First Civil Judge, Class I, Jagdalpur in Civil Suit No.1A/2005 has dismissed the defendant's appeal. The parties to this appeal shall be referred hereinafter as per their description in the trial Court.

(2.) Briefly stated the facts of the case are that plaintiff -Ramchandra Rath instituted a suit claiming decree for eviction of the defendant - P. Reddeyya on the grounds enumerated under Section 12(1)(e) and (g) of the Chhattisgarh Accommodation Control Act, 1961 (hereinafter referred to as the 'Act, 1961') by submitting inter alia that the defendant was put in possession of the suit house situated at Rajendra Nagar, Jagdalpur as described in red colour marked as "ABCD" in plaint Schedule "A" at the monthly rent of Rs.500/-, which was enhanced subsequently to the tune of Rs.800/- per month in the year 2000. It is alleged in the plaint that the defendant has stopped paying rent to him since October, 2001 and has failed to deposit the arrears of rent of Rs.19,200/- despite requests being made in this regard. Further contention of the plaintiff is that the suit house is in dilapidated condition and not safe for human habitation and pleaded further that it requires bona fidely for residential purposes of his family members and suitable and alternative accommodation for the said purpose is not available to him in the concerned city.

(3.) While contesting the aforesaid claim, it is pleaded by the defendant that the condition of the suit house is neither dilapidated as alleged by the plaintiff nor was it required bona fidely by him as he is trying to alienate the same to someone else. The claim is, therefore, liable to be dismissed.