J JACOBS Vs. S C BARAT

JUDGEMENT

(1.) This second appeal has been filed by the appellant-tenant against a judgment and decree passed by XVI Civil Judge Class II, Jabalpur in Civil Suit No. 165-A of 1980, maintained on appeal by Vth Additional Judge to the Court of District Judge, Jabalpur in Civil Appeal No. 14-A of 1981 decided on is for eviction Under Section 12 (1) (a) of the M. P. Accommodation Control Act.

(2.) The plaintiff-respondent filed a suit against the appellant-defendant alleging that the appellant was a tenant of the respondent in house No. 790, Barat Road, Napier Town, Jabalpur on a monthly rent of Rs. 75/- per month. The tenancy was for residential purpose and the month of tenancy commenced from 1st day of every Gregorian calendar month. It was also alleged that the appellant did not pay rent from March, 1969 and ultimately, a notice for demand was issued on 26-12-1973 which was received by the appellant on 29th of Dec., 1973 and instead of service of this notice of demand, the appellant failed to pay rent as demanded in the notice. It was also alleged that the appellant converted the use of the premises for non-residential purpose also, by opening a small factory for retrading tyres and damaged the tenanted premises and this act of the appellant was inconsistent with the purpose for which the tenanted premises were let out and affected adversely the interest of the respondent. The plaintiff along with the plaint also submitted a map describing the area of the suit house which was used by the appellant for running the factory. It was also alleged that by such use, the house is likely to collapse. The tenancy of the appellant was terminated by the notice dated 2612-1973 which was a composite notice terminating the tenancy as well is demanding arrears and the tenancy was terminated by the end of Feb., 1974. But as the appellant did not comply with the notice a suit for eviction and also arrears of rent from March, 1971 to Feb., 1974 total-ling Rs. 2,625/-and mesne profits at Rs. 250/-pcr day from 1-3-1974 to 25-3-1974 and future mesne profits at the same rate till the delivery of possession was filed.

(3.) The defendant-appellant contested the suit and it was contended that the appellant was a tenant on monthly rent of Rs. 75/- but on 1-3-1971, the respondent entered into an agreement with the appellant to sell a piece of land on plot No. 14/5, Block No. 5, Ward No. 28, Civil Lines, Jabalpur with the block of houses on the said piece of land occupied by the appellant and Shri S.L. Jain, counsel for the respondent for a consideration of Rs. 62,000/-. It was agreed that the respondent would provide an approach road to the property agreed to be sold, 15' wide and appellant paid Rs. 5,000/-to the respondent as earnest money and paid Rs. 18,400/- towards part payment of the consideration, The balance of Rs. 38,600/-was to be paid by the appellant at the time of registration of the sale deed on or before 30-7-1971. It was alleged that the respondent went back on his words and did not provide for the approach road. The respondent was served with a notice and called upon to perform his part of the agreement but in vain and in the month of March, 1974, the respondent undertook removal of encroachment work to provide for the approach road. It was, therefore, contended that the appellant continued to be in possession of appellant was always willing to perform his part of the contract and pay to the respondent the balance amount of Rs. 38,000/-without prejudice to his rights to recover interest on the advance.