MAHRUNNISHA BEGUM Vs. RADHEY SHYAM

JUDGEMENT

(1.) THIS is a second appeal against the Judgment and decree dated 12-7-1988, passed by the Additional Judge to the Court of District Judge, Rajnandgaon, in Civil Appeal No. 8-A of 1984, arising out of the Judgment and decree dated 5-5-1983, passed by the Second Civil Judge Class II, Rajnandgaon, in Civil Suit No. 68-A of 1980.

(2.) THE appellant/plaintiff had filed a civil suit for ejectment against and original tenant Jeetmal amongst other grounds under Section 12 (1) (a) and (e) of M. P. Accommodation Control Act, 1961 (hereinafter called the 'act' ). The case of the appellant/plaintiff was that though she is required to live at Bhilai on account of service of her husband, her husband is not able to get allotment of any accommodation at Bhilai. She, therefore, wants to reside in her own house at Rajnandgaon, wherefrom her husband will up down for service at Bhilai. She also claimed arrears of rent at Rs. 25/- per month from July, 1979.

(3.) IN defence, the defendant denied the requirement of the plaintiff/appellant to be bona fide. Regarding arrears of rent, he submitted that since the defendant demanded receipt of the rent paid but was not given by the plaintiff, the amount of rent demanded could not be paid. The other reason given was that the amount was spent in repairs which was to be adjusted by the plaintiff. Since it was not adjusted, the balance amount was not paid to the plaintiff.