BHAGWANDAS Vs. ASHOK KUMAR

JUDGEMENT

(1.) Feeling aggrieved by the judgment and decree dated 28-6-2002 passed by learned First Additional District Judge, Katni in Civil Suit No. 8-A/1994 decreeing the suit of plaintiff/respondent for eviction, this first appeal under section 96 of the Code of Civil Procedure has been filed by the defendant. In brief the case of plaintiff/respondent is that the appellant/defendant is a tenant @ Rs. 1250/- of a shop (non-residential accommodation) the description whereof has been mentioned in the plaint and which is the subject-matter of the suit. According to the plaintiff, the defendant/appellant is denying his ownership although he is his tenant and hence, it made a cause for him to file the suit for eviction on the ground of disclaimer of title under section 12(1)(c) of the M.P. Accommodation Control Act, 1961 (for brevity "the Act").

(2.) The defendant/appellant filed written-statement and denied the plaint averments. According to the defendant, a notice under section 248 of the M.P. Land Revenue Code, 1959 (in short "the Code") has been received by him from Tehsildar that he is an encroacher upon the suit land and therefore, according to him it is a matter of inquiry to whom the rent is to be paid.

(3.) The learned trial Court on the basis of averments made in the plaint and denial in written statement, framed the necessary issues and after recording the evidence of the parties decreed the suit of the plaintiff.