BHAGWATI PRASAD Vs. RAMESHCHAND

JUDGEMENT

(1.) THE tenant/defendant has filed the second appeal feeling aggrieved by the judgments and decrees of the two courts below directing his ejectment from the suit premises on the grounds available to the plaintiff/landlords under clauses (a) and (c) of sub -section (1) of Section 12 of the M. P. Accommodation Control Act, 1961 (hereinafter, 'the Act', for short). The two courts below have found the tenant to be defaulter, also guilty of committing an act injurious to the interests of the landlords by denying the latter's title in the suit property.

(2.) THERE has been an earlier round of litigation between the parties. The tenant/appellant had committed default in payment of rent. Suit for ejectment and recovery of arrears was decreed by the two courts below. The tenant filed a second appeal registered as S.A. No. 182/1974, which was disposed of by this Court on 23 -4 -1980. The tenant was held to be a tenant in the suit premises. However, the suit for ejectment based solely on the ground of tenant's default in clearing the arrears in spite of the service of a demand -cum -quit notice was held to be premature, as having been filed before the expiry of the statutory period of two months. On this ground alone the appeal was allowed and the suit for ejectment was directed to be dismissed.

(3.) NO substantial question of law was framed by this Court while admitting the appeal for final hearing and noticing the landlord/respondents. However at the hearing, the learned counsel for the parties have directed their submissions on the following substantial questions of law :