PARVAT SINGH Vs. KRISHI UPAJ MANDI SAMITI GUNA

JUDGEMENT

(1.) This Second Appeal under Sec. 100 of CPC has been filed against the judgment and decree dtd. 29/2/2020 passed by Seventh Additional District Judge, Guna in Regular Civil Appeal No. 52/2016, thereby affirming the judgment and decree dtd. 30/4/2016 passed by Fourth Civil Judge, Class-II, Guna in Regular Civil Suit No. 4A/2015, by which a decree of possession, arrears of rent and mesne profits has been passed against the appellants.

(2.) The appellants have proposed the following substantial questions of law:-

(3.) It is submitted by the counsel for the appellants that the respondents/plaintiffs filed a suit for eviction under Sec. 12 (1) (a) of the MP Accommodation Control Act on the ground that the suit shop was let out to the father of the appellants and after his death, the appellants are jointly carrying out their business in the suit premises. The tenancy of the father of the appellants was verbal and on monthly basis. Earlier the plaintiffs/respondents had filed a suit for eviction which was on the ground of arrears of rent. The said suit was dismissed with a finding that the plaintiffs/respondents have failed to prove that the appellants are in arrears of rent. However, the appellants were held to be the tenants of the respondents/plaintiffs at the monthly rent of Rs.168.00. It was pleaded that in spite of that, the appellants are not making payment of rent and accordingly, a registered notice was sent thereby terminating the tenancy as well as for handing over the possession. The said registered notice was served on the appellants/defendants which was duly replied by them, but in spite of that neither the vacant possession has been delivered nor the arrears of rent have been paid. It was further pleaded that the appellants are regularly utilizing the shop in question. It was further pleaded that the shop in question is the property of Krishi UpajMandi Samiti, Guna and the appellants are in illegal possession of shop no.6. Thus, a suit was also filed for recovery of arrears of rent, for vacant possession as well as for mesne profit at the rate of Rs.300.00 per month till the possession is delivered.