ARSHAD ABBAS Vs. VIVEK KUMAR AGRAWAL

JUDGEMENT

(1.) This is defendants' first appeal challenging the judgment and decree dtd. 6/2/2016 passed by the learned Sixth Additional District Judge, Durg (C.G.) in Civil Suit No. 23-A/2012 by which the learned trial Court has decreed the suit and directed the defendants to vacate the suit premises within two months and also directed to pay the compensation as per the standard rate.

(2.) For convenience plaintiff and defendants are termed as it exists before the learned trial Court.

(3.) The brief facts as reflected from the plaint's averments are that the plaintiff filed civil suit against the defendants for recovery of arrears of rent and eviction of defendants from the shop situated at Station Road Sindhi Colony, area 11x22ft having separate electricity connection (hereinafter referred to as 'the suit property') as per the provisions of Sec. 12(1)(a),(b),(c)(e)(f) of the C.G. Accommodation Control Act (hereinafter 'the Act') mainly contending that originally the agreement was executed between the father of plaintiff late Laxmi Narayan Agrawal and Arshad Abbas on 24/3/1988 w.e.f. 1/3/1988 and the monthly rent was fixed at Rs.600.00 and subsequently the tenancy continued and rent become payable at Rs.3000.00 when it was last paid by the defendant No.1 to the father of the plaintiff. From the year 2007 the defendant No.1 has failed to pay the rent to the father of the plaintiff and has also sub-let the property to the defendant No.2 Sajeed Hasan without permission of the landlord which is violation of the terms of agreement. The defendants violating the terms of agreement are not paying rent to the plaintiff and have moved an application before the Court for granting permission to deposit the rent from September, 2010 which was refused by the concerning Court. It is also submitted that the plaintiff requires the suit premises for his bonafide need for running an education institution for specially abled persons, therefore, to vacate the premises the plaintiff has sent legal notice on 28/6/2011 which was replied by the Advocate of defendants on 19/7/2011 and thereafter suit was filed by the plaintiff before the Trial Court for eviction and arrears of rent against the defendants.