ABHISHEK PATHAK Vs. RAMKRISHNA MAHOD

JUDGEMENT

(1.) This second appeal has been preferred by the original defendant Smt. Sangita (since died now is represented by her legal heir) challenging the judgment and decree dtd. 29/09/2003 passed by District Judge, Chhindwara in Civil Appeal No.15-A/2003, confirming the judgment and decree dtd. 26/03/2003 passed by 1st Civil Judge Class-I, Chhindwara in Civil Suit No.12- A/98, whereby suit for eviction filed by the original plaintiff Prahlad (since died, now is represented by the respondents 1-4) has been decreed on the grounds available under Sec. 12(1)(e)&(o) of the M.P. Accommodation Control Act, 1961 (in short 'the Act').

(2.) In short the facts are that the original plaintiff Prahlad instituted a suit for eviction of tenanted residential premises against the original defendant Smt. Sangita Pathak on the grounds available under Sec. 12(1) of the Act as well as for arrears of rent with the allegations that the defendant was given two rooms on rent of Rs.175.00 p.m. vide rent note dtd. 11/07/1991 (Ex.P/1) for a period of 11 months but after expiry of the said period, the defendant neither vacated the premises nor paid the rent after the month of July, 1991 and is trying to grab the tenanted premises, in furtherance of which, she lodged a false report against the plaintiff and his family members and also instituted a civil suit No.225-A/97, which was dismissed and decided in favour of the landlord.

(3.) It is further alleged that the defendant has made encroachment by taking forcible possession over another one room of road side, which has not been vacated despite issuance of a registered notice dtd. 06/08/1998. It is alleged in the plaint that the plaintiff's married son namely Shiv Shankar is residing in rented accommodation, hence the tenanted accommodation is required for his residence and there is no other alternative accommodation in possession of the plaintiff in the township of Chhindwara. On inter alia allegations, the plaintiff claimed arrears of rent of Rs.15,225.00 along with compensation amount of Rs.16,600.00.