H R AGRAGWAL Vs. K B UPADHYAY

JUDGEMENT

(1.) THIS first appeal has been filed at the instance of plaintiff, whose Civil Suit No. 48 -A/2005 filed for eviction under Section 12(1)(a), 12(1)(c), 12(1)(e), 12(1)(m) and 12(1)(o) of the M.P. Accommodation Control, Act, 1961 (in short Act of 1961) has been dismissed by the learned VIIIth Additional District Judge, Bhopal on 13.09.2005.

(2.) ORIGINAL plaintiff H.R. Agrawal filed a suit for eviction on the ground of relationship of landlord and tenant against the respondent No.1. According to the plaintiff, the first defendant K.B. Upadhyay, is his tenant and is in arrears of rent. In para 4 of the plaint it has been pleaded by the plaintiff that the first defendant with effect from July 1997 to January, 1998 has paid the rent by deducting an amount of Rs.415/ - and thus he is entitled to recover a sum of Rs.2,905/ - from the defendant. Further it has been pleaded that defendants have not paid the rent for two months, i.e., February and March, 1998. It is also pleaded that from November, 1998 to the date of filing of the suit, i.e., 23.03.2000, the plaintiff has not paid the rent. A notice of demand by Registered AD post was sent to the defendant through his counsel on 30.11.1999. Despite it has been served upon the defendants, they have not paid the entire rent and hence plaintiff is entitled for a decree of eviction on the ground envisaged under Section 12(1)(a) of the Act of 1961. The plaintiff is also entitled to receive the water tax, which amounts to Rs.5,850/ - from the defendants.

(3.) THE eviction has also been sought on the ground of bonafide requirement for the residence of plaintiff's daughter Anjali. In para 7 of the plaint, it has been pleaded that said Anjali has been married to Ravindra Kumar Agrawal of Bahadurgarh (Hariyana) in the year 1990, however, matrimonial dispute arose between them, as a result of which, both of them abandoned of their company and now his daughter is fully dependent upon him and residing with him. The tenanted portion, which is on the first floor is suitable for the bonafide need of his daughter because she would like to live independently.