PRADEEP KUMAR Vs. MRIDULA

JUDGEMENT

(1.) THE tenant, dissatisfied by the decree of eviction under section 12 (1) (a) of the M.P. Accommodation Control Act, 1961 (For short 'the Act'), allowed by the trial Court on 22.12.1980 by Fifth Addl. Judge to the Court of District Judge, Indore in C.O.S. No. 3 -N87 and affirmed by the learned Single Judge of this Court on 27.3.91 in Civil First Appeal No. 19/90, has approached this Court under clause 10 of the Letters Patent, seeking dismissal of the suit.

(2.) FACTUAL matrix is jejune. In House No. 371 situated at Saket Nagar Colony, Indore owned by the respondent -landlord, the appellant was inducted as a tenant in the entire portion of ground floor on 1.5.1983 for residential purposes on monthly rental of Rs. 2,100/ -, inclusive of furniture and fittings, for 11 months after execution of a rent -note on 30.4.83. The appellant made interest free deposit of Rs. 8,400/ - and was obligated to pay monthly rent every month in advance between 1st and 5th. The respondent instituted suit for eviction of the appellant on grounds enumerated under sections 12(1) (a), 12(1) (c) and 12 (1) (e) of the Act. Irregularity in payment of rent was asserted. The appellant resisted the suit and contended that in reality rent of the accommodation was Rs. 1,600/ - because the sum of Rs. 500/ - pertained to the charge of ceiling fans fitted in the accommodation under lease. The respondent held deposit of Rs. 8,400/ - available for adjustment. Set off on account of repairs was also claimed. Grounds of eviction were shown to be meretricious and malafide.

(3.) THE trial Court, on evaluation of evidential material concluded that (a) the monthly rent was Rs. 2,100/ -(b) the respondent held the sum of Rs. 8,400/ - in deposit liable to be adjusted and (c) the appellant incurred liability of eviction under the ground specified in section 12 (1) (o) of the Act.