SAGARBAI Vs. URMILABAI JAISWAL

JUDGEMENT

(1.) APPELLANT/defendant has filed this appeal under Section 100 of the CPC against the judgment and decree dated 23-8-2003 passed by Additional District Judge, Barwaha District West Nimar confirming the judgment and decree dated 10-8-2001 in Civil Suit No. 11-A/95 passed by Civil Judge Class-II, Sanawad.

(2.) THE case of the plaintiff is that she is the owner and the landlord of the suit house situated at Village Barood and defendant Rameshchandra took the suit house on the monthly rent of Rs. 70/- and that the tenancy of the defendant was terminated by registered notice dated 20-12-93 which was received by the defendant on 3-1-94. That the defendant has not paid the arrears of rent from 1-4-93 total Rs. 1610/- and as such the decree of possession and the arrears of rent be passed in favour of the plaintiff.

(3.) THE defendant has denied that he was tenant of the plaintiff in the suit house. Defendant has pleaded that the plaintiff has agreed to sell the suit land in Rs. 20,000/- and the plaintiff has taken the amount of Rs. 10,000/-as earnest money from the defendants. Defendants have made the counter claim for the specific performance of the contract of getting the sale deed executed from the plaintiff.