SMT. SIYA PATEL Vs. DR. S. C. CHATTERJEE

JUDGEMENT

(1.) This appeal by the landlady is directed against the judgment and decree dated 29-7-1980, passed by District Judge, Jabalpur in Civil Appeal No. 48-A of 1979.

(2.) The plaint if appellant had filed a suit for ejectment and arrears of rent against the respondent. The plaintiff-appellant had purchased the suit premises on 4-1-1974. The defendant-respondent was already in occupation of thee premises as tenant of the plaintiff's vendor. The plaintiff after a quit notice filed the present suit for ejectment. In a part of the house that was purchased by the plaint if appellant, she has shifted and is residing therein. Plaintiff's suit for ejectment was based on the ground contained in Sec. 12(l)(f) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act'). The averment in that behalf as made in the plaint is as follows :

(3.) The defendant-respondent denied his being the tenant in the suit accommodation. According to him the contract of tenancy of his wife Dr. (Smt.) R. Chatterjee had taken place with Shri P.D. Sharma the then owner of the house in suit and since then there has been no change in the terms of the tenancy at any time. So she continues to be a tenant even now. The defendant is the husband of Dr. (Smt.) R. Chatterjee. Plaintiff's alleged need was also denied.