ASHOK KUMAR Vs. VINOD KUMAR

JUDGEMENT

(1.) This is a second appeal arises out of the judgment and decree dated 18.10.2012 passed by 29th Civil Judge, Class-I, Indore where by the suit of eviction and arrears of rent filed by the plaintiff has been decreed and against the judgment dated 17.12.2015 passed by 17th Additional District Judge, Indore whereby the first appeal filed by the defendant has been dismissed . Facts of the case in short are as under:

(2.) According to the plaintiff, he is co-owner of a two storied house constructed over plot No.1, area 2240 sq. ft. situated at Dube Colony, Manikbagh Road, Indore ( herein after referred as "suit accommodation"). The plaintiff purchased the aforesaid "suit accommodation" jointly along with Smt.Sulakshnidevi from Dilip Busari vide registered sale deed No.1574 dated 20.07.2007 and since then he is the joint owner of the suit accommodation. According to the plaintiff, two rooms of the ground floor are in possession of the defendant as a tenant. The suit accommodation was given on rent by the erstwhile owner to the father of the defendant late Mohansingh at the rate of Rs.80/- per month and the defendant being the legal heir of late Mohansingh is in occupation of the said accommodation as a tenant. He was paying rent to the erstwhile owner by virtue of oral tenancy but he has become irregular/defaulter in payment of monthly rent to the present plaintiff from 01.08.2007 till 31.05.2010 (34 months), hence he has not paid Rs.2720/- to the plaintiff. The plaintiff sent a legal notice dated 19.06.2010 through his counsel but the same has been returned unserved due to refusal by him. According to the plaintiff, he is residing in house No.161, Palsikar Colony jointly with his mother and brother but now he wants to reside separately with his wife and two minor children which is his bona fide need of the suit accommodation. Vide notice dated 31.08.2010 he has terminated the tenancy. Since the defendant has disputed his ownership, therefore, he has caused nuisance. In view of the above, the plaintiff filed the suit for the decree of eviction and for recovery of arrears of rent under sections 12 (1) (a), (c) & (f) of the M.P Accommodation Control Act, 1961 (hereinafter referred as 'the Act of 1961'),against the defendant.

(3.) After notice, the defendant appeared and filed the written statement repudiating the ownership of plaintiff and landlord-tenant relationship between them. He has pleaded that he has no information about the purchase of the "suit accommodation" by the plaintiff. According to him, he is paying rent to the erstwhile owner Rajendra Busari and getting receipt but at present he is not issuing any rent receipt to him. He has also raised technical objection like the plaintiff has not impleaded other family members i.e. daughters and sisters of the defendant, therefore, the suit suffers from non-joinder of necessary parties. On the basis of the pleading in the plaint as well as written statement, the trial court framed seven issues for adjudication. The plaintiff as well as defendant examined themselves as PW/1 & DW/1 respectively and got exhibited certain documents.