MOHAN Vs. MAHESHWARI SAMAJ

JUDGEMENT

(1.) This appeal by appellant/tenant under Sec 100 CPC is directed against judgment and decree dtd. 19/1/2005 passed by Additional District Judge, Jobat District Jhabua, in Civil Appeal No.17-A/2003 confirming the judgment and decree passed on 22/7/2003 in Civil Suit No. 3A/2000 by Civil Judge Class I Jobat Distt. Jhabua.

(2.) This Court while admitting the appeal for final hearing on 22/3/2005 has framed the following substantial questions of law :

(3.) Learned counsel for the appellant/tenant while taking exception to the impugned judgments and decrees has made sincere efforts persuading this Court that findings recorded are perverse in nature and de-hors the material on record. Learned counsel submits that both the Courts below have failed to appreciate that either of two grounds; Sec. 12(1)(a) and 12(1)(n) of the Act related to "payment of arrears of rent within the prescribed time on receipt of notice of demand by the landlord and " that since the rented accommodation is an open land of 1600 sq ft area, landlord requires the same to raise construction on it" were not proved regard being had to the evidence placed on record. Hence, the impugned judgments and decrees deserve to be set aside.