KIRTI NARAYAN AGARWAL Vs. SATYANARAYAN RATHI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 9-1-1981 of the Court of Fourth Additional Judge to the Court of District Judge, Raipur, passed in Civil Appeal No. 78-A of 1977 (arising out of Civil Suit No. 4-A of 1976, decided on 18-10-1976, of the Court of Third Additional Judge to the Court of Civil Judge (Class II), Raipur), whereby decree passed in favour of the plaintiff appellant has been reversed and the suit has been dismissed.

(2.) It is undisputed that the defendant Mohanlal was inducted as a tenant in the suit shop as per registered leasedeed dated 12-12-1972. It is also not in dispute that the defendant received plaintiffs notices dated 16-4-1975 and 22-7-1975. Plaintiff filed the suit on 20-12-1975 on grounds that the defendant Mohanlal was a tenant of "Prakash Bhawan", situated at Kanakalipara Ward of Raipur Town, on Rs. 150/- per month and was doing his plastic manufacturing. The defendant was inducted in the suit shop for one year and failed to renew the leasedeed in spite of repeated demands. The defendant was inducted in the suit shop as per leasedeed dated 12-12-1972 and he encroached upon open land on the back portion of the tenanted premises and constructed a big shed thereon. He, thus, acted against the wishes of the landlord. The plaintiff had let out the tenanted premises to the defendant, but he parted with the possession of the premises to one Mahesh Singh and, as such, committed breach of condition. He is, therefore, liable to be evicted on the ground of subletting under S. 12(1)(b) of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act').

(3.) The plaintiff's suit was decreed by the trial Court. However, the finding has been reversed by the first appellate Court. Hence, this second appeal.