SURESH ALIAS PAPPU Vs. VIDHI CHANDRA DHARAMSHALA

JUDGEMENT

(1.) HEARD the learned counsel for the revisionlst/judgment-debtor as well as the learned counsel representing the plaintiffs/respondents decree-holder.

(2.) THE plaintiff/respondent had filed a suit in the year 1986 for the eviction of seven defendants including the applicant from the premises in dispute and for recovery of arrears of rent and damages for use and occupation. The defendants were the heirs and legal representatives of the deceased sole tenant, Shri Poptmal. The arrears of rent had been claimed from 1-10-1984. The aforesaid suit, vide the order dated 20-12-1996 passed by the Trial Court had proceeded ex parte against the defendants. During the pendency of the suit in the proceedings under Section 13 of the Madhya Pradesh Accommodation Control Act, 1961, an order had been passed by the Trial Court requiring the deposit of the arrears of rent from 1-10-1984 as pointed out by the learned counsel for the parties, this order had not been complied with and no amount was deposited as directed.

(3.) THE plaintiff closed its evidence in the month of January, 1999. No evidence had been led by the defendants in support of their defence. It may be noticed that Suresh, the present applicant/revisionist had filed a separate written statement while Ashok, the defendant No. 5 and Nanakram, Ram-chand, Dayaram and Laxmi Bai, the defendant Nos. 1, 2, 3 and 7 respectively had filed separate written statements. The Trial Court after framing the necessary issues and considering the evidence and material brought on record decreed the suit vide its judgment and decree dated 9-4-1999.