RAJU KUSHWAHA Vs. NAMITA GUPTA

JUDGEMENT

(1.) This second appeal by the appellant/defendant under Section 100 of the Code of Civil Procedure is against the judgment and decree dated 3.2.2012, passed in Appeal No.164-A/2011 passed by III Additional District Judge, Bhopal, in the appeal filed by the appellant/defendant and respondents, arising out of the judgment and decree dated 21.10.2010 passed in regular Civil Suit No.224-A/2006 of the Court of XII Civil Judge Class-I, Bhopal.

(2.) The respondents/plaintiffs filed a suit under the provisions of M.P. Accommodation Control Act valuing the suit for Rs.18,000/- on the basis of 12 months' rent of the suit accommodation for possession and payment of arrears of rent. It was contended by the respondents/plaintiffs that they have purchased the suit accommodation by a registered sale deed dated 18.11.1997 from one Surendra Kumar Jain, who has purchased the said property from one Babulal Kachhi vide a registered sale deed dated 25.8.1984.

(3.) The issues were framed by the trial Court and evidence was recorded. Though it was necessary on the part of the appellant/defendant to prove that his father has never transferred the property in suit to Surendra Kumar Jain by the registered sale deed dated 25.8.1984, but this particular fact could not be proved, therefore, it was held that said Surendra Kumar Jain has purchased the property by the aforesaid registered sale deed from Babulal Kachhi.