SHIVKUMAR DWIVEDI Vs. BHOGILAL SHAH

JUDGEMENT

(1.) Being aggrieved by the judgment dated 22-1-1999 passed by ADJ, District Indore in Civil Regular Appeal No. 7/1998 whereby the judgment dated 23-12-1997 passed by VI Civil Judge, Class II, Indore in Civil Suit No. 257-A/1995 whereby the suit filed by the Appellant for eviction was decreed, was set-aside, the present appeal has been filed.

(2.) Short facts of the case are that the Appellant who is Advocate by profession filed a suit for eviction against the Respondent on 22-10-1980 wherein it was alleged that Appellant is the Receiver of property situated at 11, Siyaganj, Indore appointed by VI ADJ, Indore in Civil Suit No. 13/1978. It was alleged that Respondent is tenant in the suit accommodation @ Rs. 25/- per month. It was alleged that Respondent is in arrears of rent w.e.f. 1-6-1980, which has not been paid in spite of notice of demand. It was prayed that a decree of eviction be passed. The suit was contested by the Respondent. After framing of issues and recording of evidence the learned Trial Court decreed the suit filed by Appellant against which an appeal was filed by the Respondent which was allowed and the judgment dated 23-12-1997 passed by VI Civil Judge, Class II, Indore was set aside, hence this appeal which was admitted for final hearing by this Court vide order dated 17-11-199 on the following substantial questions of law:

(3.) In the memo of appeal it is alleged that the learned Appellate Court committed error in holding that the Appellant have to obtain prior permission for filing the suit from the Court who appointed as Receiver. It is alleged that learned Appellate Court committed error in holding that it is only the suit for arrears of rent which could have been filed by the Appellant. It is alleged that the appeal filed by the Appellant be allowed and the impugned judgment passed by learned Appellate Court be set aside and the impugned judgment passed by learned Trial Court be restored.