BUDHA Vs. BEDARIYA

JUDGEMENT

(1.) This is defendant's second appeal against the judgment and decree dated 94-1975, passed by the Additional District Judge, Morena, confirming the judgment and decree dated 28-6-1974, for ejectment of appellant from the suit house.

(2.) Facts giving rise to this appeal so far as they are material for its decision are as under : The plaintiff-respondent brought the present suit for ejectment under Section 12 (1) (a) of the Madhya Pradesh Accommodation Control Act, 1961 (for short, 'the Act'), on the allegation that the defendant- appellants are his tenants under rent-note dated 15-11-1967, Ex. P1, on a monthly rent of Rs. 20/- in the suit house, situated in Uttampura in the town of Morena. It was further alleged that the defendants were in arrears of rent with effect from 15-11-1967, which they have failed to pay or tender within two months of his forwarding a notice of demand (vide Ex. P. 3) by registered acknowledgement due post No. 192 dated 5-7-1973 which has been returned by them and bears an endorsement of 'refused'. This suit was instituted on 310-1973, wherein a decree for arrears of rent, ejectment and mesne profits have been claimed.

(3.) The defendant-appellants resisted the suit, inter alia, on the ground that (i) the defendants are Jatavas and are as such, entitled to the benefit of the provisions of Section 7 of the Madhya Pradesh Anusuchit Jati Avam An us uc hit Janjati Rini Sahayata Adhiniyam, 1967 (Act No. 12 of 1967), (hereinafter referred to as 'the Adhiniyam'); and that (ii) the ground under Section 12 (1) (a) of the Act is not available to the plaintiff-respondent, (iii) and that the plaintiff is not entitled to a decree for ejectment or arrears of rent and mesne profits.