SHANTI DEVI GARG Vs. GAFOORAN BAI

JUDGEMENT

(1.) This second appeal under sec. 100 of Civil Procedure Code (for brevity, CPC) arises out of judgment and decree dtd. 01/03/2002 passed by 1st Additional District Judge, Shivpuri in Civil Appeal No. 45-A/2000 arising out of judgment and decree passed by 1st Civil Judge, Class-II, Shivpuri in Civil Suit No. 8A/1999.

(2.) The brief facts giving rise to filing of this appeal are that the appellant/plaintiff has filed a suit for eviction against the respondent/defendant on the ground of arrears of rent and for recovery of the rent under sec. 12(1)(a) of M.P. Accommodation Control Act. The plaintiff /appellant pleaded that she owns a Pator, which was purchased by her on 27/03/1985 by a registered sale deed and the same was rented to defendant @ Rs.100.00 per month by an oral tenancy. The respondent/defendant paid the rent for about one year, but from June, 1996 stopped payment of rent and also utilized the electricity and did not pay the electricity consumption charges, therefore, the electricity connection was disconnected. Thereafter, she used electricity by putting direct wire on the poles. In spite of demand, rent was not paid nor the possession of Pator was handed over and the notice was replied which was based on wrong facts.

(3.) The written statement was filed by the defendant by taking the plea that plaintiff's father was agreed to sell the Pator on 23/03/1985 and obtained Rs.10,000.00 under an oral agreement to sale and it was pleaded that it was agreed that no rent will be charged. The defendant also alleged that for execution of sale deed, the father of plaintiff /appellant was orally approached and on 09/10/1994, the balance amount of Rs.15,000.00 was also taken and on an ordinary paper the agreement was written and the sale deed was to be executed up to 08/10/1999. The plaintiff wants to usurp Rs.25,000.00 paid by defendant. There is no relationship of landlord and tenant between the plaintiff and defendant. The shop was not taken on rent.