SUBHASH KUMAR Vs. KANHAIYALAL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 2-3-1984, passed by the First Addl. Judge to the Court of District Judge, Hoshangabad, in Civil Appeal No. 40A of 1981 (arising out of the judgment and decree dated 19-8-1981, passed in Civil Suit No. 124A of 1977 by the Second Civil Judge (Class II), Hoshangabad, whereby the decree of dismissal of plaintiff's suit has been confirmed.

(2.) Briefly stated, the plaintiff's case is that he filed a suit in the trial Court on 5-1-1977 with an assertion that he purchased the house in suit with an open plot from one Ramratan Dubey. This house is situated in Ward No. 22 of Talab Mohalla at Itarsi. Defendant was occupying one of the blocks of this house as a tenant on rent of Rs. 6/- per month during the ownership of Ramratan Dubey. The plaintiff is his predecessor-in-title. The defendant had failed to pay arrears of rent from 28-11-1975 to 27-12-1976. The house is old and dilapidated one. The plaintiff wants to construct it after demolition and he required the house for his own residence. It has also been pleaded that the house is in dangerous condition and is unsafe for residence. The plaintiff, therefore, wanted a decree for eviction from the suit house on grounds enumerated in Ss.12(1)(a), (e), (g) and (h) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act').

(3.) The defendant, on the other hand, pleaded that the plaintiff refused to accept the money order of rent sent by him. The plaintiff is not in need of the house. The house is in good condition. He further pleaded that the plaintiff can be granted a decree for eviction on the condition that after reconstruction of the house, its possession shall be delivered by the plaintiff to the defendant.