SHIVPRASAD TIWARI Vs. BANSHILAL SABLOK

JUDGEMENT

(1.) Proceedings of this matter have been taken-up through video conferencing.

(2.) This second appeal preferred by the appellant/plaintiff was admitted for hearing on 13.12.2007 by formulating the following substantial questions of law:-

(3.) It is the case of the plaintiff that the suit accommodation was owned by his mother Bhagwati Bai, which she has purchased by Exs.P-1 and P-2 and constructed a shop therein which she let-out to original defendant Basnshilal, who died during pendency of this second appeal, on a monthly rent of Rs.500/- for non-residential purpose and after her death he became landlord of the suit accommodation. It is further case of the plaintiff that the defendant is not paying rent for last 3 years, for which he served legal notice vide Ex.P-3 on 20.8.1998, which was replied by the defendant vide Ex.P-6, but neither paid the rent and denied the plaintiff's title and thereby he is entitled for decree under Section 12(1)(a) and (c) of the Chhattisgarh Accommodation Control Act, 1961 (hereinafter called as 'the Act of 1961').