KHUMAN SINGH Vs. NATHURAM

JUDGEMENT

(1.) THIS appeal arises against the judgment and decree dated 18.7.1986 passed in Civil Appeal No. 62 -A of 1983 by th6 4th Additional Judge to the Court of the District Judge, Jabalpur arising out of the judgment and decree dated 18.8.1983 passed in Civil Suit No. 15 -A of 1982 by the 11th Civil Judge, Class -II, Jabalpur.

(2.) THE plaintiff -respondent pleaded that he purchased house No. 221, Gokalpur from one Umashankar Pandey vide registered sale -deed dated 5.3.1976. He claimed rent at the rate of Rs. 15/ - per month from the date of purchase vide notice dated 21.4.76 which was served on the appellant on 3.8.76. The rent was not paid within 2 months of the service of notice, hence a ground under section 12(1)(a) of the M.P. Accommodation Control Act (hereinafter referred to as 'the Act') accrued to him. He had purchased the house for the purpose of residence of himself and his family members. He has no other suitable residential accommodation in Jabalpur town, hence a ground under section 12(1)(e) of the Act accrued in his favour. The defendant has denied the title of the plaintiff in his written statement, hence ground under section 12(1)(c) of the Act also accrued in his favour. It was also pleaded that the defendant has two more houses in his possession, hence a ground under section 12(1)(i) of the Act for eviction of the tenant is available to the plaintiff -landlord. Since the defendant did not vacate the house, the suit was filed on 20.10.76 for his ejectment and arrears of rent amounting to Rs. 92.50 p.

(3.) THE learned Judge of the lower appellate Court came to the conclusion that the appellant is the tenant of the respondent from 5.3.76 when he purchased the suit house from Umashankar Pandey, who was his landlord as he was collecting rent. Since Nathuram -respondent has stated that he has purchased the house for his residential purposes and he is living in the house of one Girjabai as her tenant and since there is no other alternative residential accommodation available to him, hence he is entitled to a decree under section 12(1)(e) of the Act.