SARDAR RAM SINGH Vs. DEVENDRA NATH AND OTHERS

JUDGEMENT

(1.) The Civil Judge Class-I vide judgment and decree dated 21.10.2005 passed in Civil Suit No. 8-A/1989 decreed the suit for eviction against the appellant and directed him to provide the vacant possession of the suit accommodation to the respondents. In Civil Appeal No. 13-A/2009 preferred by the appellant was also dismissed vide judgment and decree dated 8.11.2011 by the learned 1st Additional District Judge, Multai District Betul. Being aggrieved with the aforesaid judgments and decrees, the appellant has preferred the present appeal.

(2.) The plaintiff Prathvinath has moved a suit against the appellant before the trial Court with the pleadings that the suit accommodation was given to the appellant on rent. The appellant was not regular in payment of the rent and therefore, a demand notice was given to him but in spite of that notice, neither the rent was deposited nor tendered to the plaintiff there- fore, it was prayed that the decree of eviction be passed. Thereafter, the plaintiff Prathvinath expired and the respondents were brought as legal representatives of the deceased Prathvinath. Since the appellant in written statement denied the title of the deceased Prathvinath and the respondents therefore, the pleading of disclaimer of title was also taken by the plaintiffs to get the eviction.

(3.) The appellant/defendant in his written statement has accepted the tenancy but, he has pleaded that when he got the knowledge that the super structure was constructed by the plaintiff on the government land, he stopped the payment of rent and construction was situated on the land bearing survey Nos. 584 & 585 which was a "Beed" in the revenue records and therefore, it was a government property. Hence, it was prayed that the suit may be dismissed.