GURUPAL SINGH Vs. GOVARDHAN DAS AGRAWAL

JUDGEMENT

(1.) Arguments of the rival parties are heard on the question of admission.

(2.) The present second appeal assails the judgment and decree passed by the first appellate Court by which the judgment and decree of the trial Court dated 26.7.2010 passed in Civil Suit No. 1 A/2010 has been upturned to the extent it declined grant of decree for eviction and the first appellate Court has directed the tenants/appellants to handover vacant possession of the suit property to the landlord within a period of two months.

(3.) On the other hand, the first appellate Court while allowing the appeal of the respondent/landlord held that since the appellants/tenants had failed to deposit the rent within the prescribed time and also failed to file any application for condonation of delay caused in depositing the balance arrears of rent, the tenants cannot seek protection against the decree of eviction otherwise available under the provisions of section 13(1) of the M.P. Accommodation Control Act, 1961 ("Act of 1961 "for brevity).