TARABAI Vs. GOVINDRAM S O EKNATHRAO HOLKAR

JUDGEMENT

(1.) This second appeal by the tenant against concurrent decree of eviction of two Courts below under S.12 (1)(a) r/w S.13(6) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter called, 'the Act') was admitted for final hearing by order dated 8-7-85 on the following substantial question of law :- Whether on the facts and in the circumstances of the same, the Court below has erred in holding that the plaintiff has made out a case for eviction on the grounds specified in S.12 (1)(a) of the M. P. Accommodation Control Act, 1961, in view of the fact that the notice demanding arrears of rent was not in respect of the entire leased premises?

(2.) The plaintiff filed suit against defendant/appellant claiming eviction from the suit accommodation from the suit accommodation on grounds set out under S.12(1)(a) of the Act arrears of rent and clause (c) nuisance. The defendant in her written statement stated that the tenanted premises consisted not only of one room but besides the room OSARI AND CHOUK. Tenancy and its commencement and the boundaries of the suit accommodation as set out in the plaint were admitted, demand of arrears of rent and its payment in respect of demand was denied. Nuisance was denied. It was submitted that suit was filed to get increased rent.

(3.) The trial Court by order dated 12-4-83 acting under S.13 (6) of the Act struck out defendant / appellant's defence because of her failure to file statement as to deposit of rent and record showing that she had not deposited full arrears of rent. The Trial Court by judgment and decree dated 12-8-83 decreed the plaintiffs suit for eviction on grounds under S. 12(1)(a) and (c) of the Act. In appeal by defendant-tenant, the first Appellate Court VIIth Addl. District Judge, Indore by judgment decree dated 29-1-1985 set aside the finding of the Trial Court under clause (c) of S. 12(1) nuisance but upheld the same under S. 12(1)(a) of the Act. Hence, the present appeal.