CHHINGARAM Vs. SUNDERLAL

JUDGEMENT

(1.) This revision is by defendant against order dated 23-1-1978, passed by Second Civil Judge, Class II, Gwalior, in Civil Suit No. 2-A of 1977 whereby the suit for ejectment and recovery of rent and mesne profits has been held to be maintainable.

(2.) Facts essential for decision of this revision are as under:- Admittedly the defendant-applicant is owner of the suit house. He is a Khatik by caste. He was in need of money to the tune of Rs. 4500/- . Accordingly he executed a registered deed of mortgage by way of conditional sale on 24-2-1966 and took back the property on lease from the plaintiff-mortgagee by executing a rent-note on the same day i. e. 24-2-1966, wherein he agreed to pay Rs. 67.50 p. by way of rent per month. Bent was not paid by the defendant w. e. f. 24-91974. As such, the plaintiff served on the petitioner a demand-cumquit notice dated 6-10-1976. This notice was served on the defendant on 7-10-1976. Thereafter on 12th Jan. 1977 the plaintiff has brought the suit giving rise to this revision for ejectment and recovery of arrears of rent and mesne profits as stated above. The suit is based on the ground under Section 12 (1) (a), default in payment of arrears of rent within two months of service of notice on the defendant, and under Section 12 (1) (c) for the user of the accommodation with the purpose for which he was admitted to tenancy and which is likely to affect adversely and substantially.

(3.) On being approached by the defendant-applicant the Debt Relief Court. Gwalior. vide order dated 14-3-1977 held that every claim of the plaintiff in respect of the mortgage stood discharged by virtue of Section 8 (4) of the Madhya Pradesh Anusuchit Jati Avam Anusuchit Janjati Rini Sahayata Adhiniyam, 1967, (for short the 'Adhi-niyam').