CHHUNULAL Vs. KESHARBAI

JUDGEMENT

(1.) Being aggrieved by the judgment dated 14-9-2004 passed by VIII ADJ, Indore in Civil Appeal No. 6/04 whereby the judgment dated 24-12-2003 passed by III Civil Judge class-II, Indore whereby the decree of eviction was passed against the appellant under section 12(l)(c) of the Act, was maintained, the present appeal has been filed.

(2.) The appeal was admitted by this Court vide order dated 3-2-2005 on the following substantial questions of law :-

(3.) Short facts of the case are that respondent filed a suit for eviction on 6-1-2003 against the appellant under section 12(l)(a), (c), (e) and (h) of M. P. Accommodation Control Act (which shall be referred hereinafter as "the Act") alleging that appellant is in occupation of a house bearing No. 1/2, Lane No. 6, Parsi Mohalla, Indore. It was alleged that suit property has been purchased by the respondent vide registered sale deed dated 26-9-1991. It was alleged that suit accommodation in which the appellant is in occupation is measuring 10 x 40 fts. It was alleged that appellant is tenant from the time of Mr. Khar, predecessor-in-title of the respondent. It was alleged that after purchase of the suit property, the predecessor-in-title of the respondent got the appellant acquainted with the fact of sale and directed the appellant to pay rent to the respondent @ Rs. 200/- per month. It was further alleged that appellant was paying the rent to the respondent regularly but lateron in collusion with other tenants i.e. Munnibai and other tenants, appellant is claiming to be owner of the suit accommodation and has stopped the payment of rent w.e.f. 1-7-2001 which has not been paid in spite of notice of demand dated 23-11-2002 which was refused by the appellant. It was alleged that respondent requires the suit accommodation for the residence of members of his family for which no other suitable accommodation is available to the respondent. It was prayed that decree of eviction be passed. The suit was contested by the appellant by filing the written statement wherein plaint allegations were denied. It was denied that appellant was ever tenant @ Rs. 200/-per month. It was alleged that appellant was tenant @ Rs. 50/- p.m. It was further alleged that no relationship of landlord and tenant has been established between the appellant and respondent. It was alleged that burden to prove that respondent is owner of the suit accommodation is on the respondent. It was prayed that suit be dismissed. After framing of issues and recording of evidence learned trial Court decreed the suit under section 12(l)(c) of the Act, however suit filed on other grounds was dismissed. In Appeal filed by the appellant the decree was maintained, against which the present appeal has been filed.