BAL KRISHNA Vs. PATIRAM

JUDGEMENT

(1.) THIS is an appeal under section 100 of the Code Civil Procedure against the judgment and decree dated 19 -7 -1979 passed by the First Additional District Judge Gwalior, in Civil Appeal No 68 -A/78, disallowing to extend time for the purpose of court fees under section 149 C.P.C. and dismissing the appeal thereby upholding the judgment and decree dated 13 -1 -1978 of the Second Civil Judge Class II, Gwalior in civil suit. No. 88 -A of 1973.

(2.) THE plaintiff respondent Patiram filed a suit for eviction of a residential house on 15 -11 -1973 in occupation of the appellant defendant. In the suit it was stated that father of defendants was a tenant and he had executed a rent -note on 12 -4 -1968. After the death of the original tenant his legal representatives who are the defendants, became the tenants of the plaintiff, that the arrears of rent claimed were to the extent of Rs. 2,080. It was averred that this amount was not paid inspite of a notice of demand on the defendants Therefore, a decree on the grounds under section 12(1) (a) of the M. P. Accommodation Control Act 1961 (hereinafter referred to as the Act) along with section 12(1) (c) of the Act was asked by the plaintiff.

(3.) THE only submission made before me is that the view taken by the appellate Court is very strict and it is not according to law.