SANJEEV ALIAS KAILASH Vs. SHYAM MANOHAR

JUDGEMENT

(1.) This appeal has been filed under Sec. 100 of the Code of Civil Procedure by the appellant/defendant against the judgment and decree dtd. 14/8/2006 passed in Civil Appeal No. 32-A/2006 arising out of the judgment and decree dtd. 24/12/2003 passed in Civil Suit No. 21-A/1997 whereby the appellate court has set aside the judgment and decree granted under Sec. 12(1)(a) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act of 1961'), but, decreed the suit on the ground of Sec. 12(1)(c) of the Act of 1961.

(2.) The facts in brief are that the respondent No.1/Plaintiff filed a suit against the appellant/defendant and also against respondent Nos. 2 and 3 seeking decree of ejectment on the grounds that they were his tenants and not paid rent since October, 1994 and, therefore, they were in arrears of rent since October, 1994 to 1997 and further that they illegally constructed the toilet without consent of the respondent/plaintiff. The suit was registered as Civil Suit No. 21-A/1997 in the Court of Civil Judge Class II Seoni Malwa.

(3.) The plaintiff claimed himself to be the landlord of the house No. 4 situated at Ward No. 8, Seoni Malwa in which father of the appellant namely Mangilal used to reside as a tenant for last more than 20 years on a rent of Rs.50.00 per month. Mangilal died in 1994 and after his death, appellant and respondent Nos. 2 and 3 became the tenant of the said house in question.