JAWAHARLAL JAIN Vs. GHANSHYAM MITTAL

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered by this Court in the plaintiff's second appeal is as under :-

(2.) The plaintiff/landlord instituted an action for eviction, arrears of rent and damages stating inter alia that original defendant- Mahavir Prasad Mittal, who died during pendency of the suit, was his tenant on a monthly rent of Rs.125/- per month and suit accommodation was let out for non-residential purposes (for running readymade cloth shop). It was further pleaded that monthly tenancy commences from 1st day of each English Calendar month and ends on the last day of that particular month. It was further pleaded by the plaintiff that original defendant without consent of plaintiff landlord had parted with the possession of part of the suit accommodation to Shri Anil Kumar Agrawal for running Photo Copy Shop as Shri Anil Kumar Agrawal has obtained loan under the Pradhan Mantri Rojgar Yojana for running the said shop and thus it is a ground under Section 12(1)(b) of the Chhattisgarh Accommodation Control Act, 1961 (henceforth 'Act, 1961') as the defendant has unlawfully sub-let/assign and parted with the possession of the part of the suit accommodation let out to him for non-residential purposes to Shri Agrawal and, therefore, he through his counsel sent a legal notice (Ex.P-1) for vacating the suit accommodation, which was received by him vide Ex.P-2 and he has replied the said notice vide Ex.D-2 but he has not vacated the suit accommodation leading to filing of the suit for eviction and other related relief(s).

(3.) After filing of the suit, original tenant-Mahavir Prasad died on 14.08.1997 and his widow Angoori Devi and Ghanshyam Mittal, adopted son were impleaded as party defendants in the suit. They filed their joint written statement before the trial Court stating inter alia that Mahavir Prasad was tenant in the suit accommodation for last 25 years and after his death newly impleaded defendants and Anil Kumar Agrawal being successors of late Mahaveer Prasad, became tenant. It has also been stated in the written statement that after death of original tenant - Mahaveer Prasad Mittal, Anil Kumar Agrawal became statutory tenant and he is running photo-copy shop in the tenanted accommodation. It has specifically been pleaded in para nine of the written statement that on 8-7-1993, original tenant Mahaveer Prasad Mittal executed a Will in favour of Anil Kumar Agrawal and by the said Will, Anil Agrawal has become the owner of the suit shop and being successor he became statutory tenant of the suit accommodation.