RAJENDRA PAL SINGH Vs. BALA SAHIB MATKAR

JUDGEMENT

(1.) THIS appeal has been filed by the tenant challenging the judgment and decree dated 8.1.2001 passed by 9th Additional District Judge, Gwalior in Civil Appeal No. 81-A/99 whereby the first appellate Court has confirmed the judgment and decree dated 8.10.1999 passed by the 10th Civil Judge, Class II, Gwalior in Civil Suit No. I4-A/97.

(2.) THE brief facts of the case are that the plaintiff-respondent No. 1 has filed a suit for ejectment against the present appellant on the grounds under section 12(1) (a), (b), (c), (k) and (o) of the M.P. Accommodation Control Act, for short 'the Act'. The trial Court decreed the suit. The appellant preferred first appeal. The first appellate Court confirmed the decree on the grounds under section 12(1) (a), (b) and (o) of the Act while setting aside the decree on other grounds. Hence this appeal.

(3.) AS regards ground under section 12(1) (a) is concerned to get a decree on the aforesaid ground it is necessary for the plaintiff to plead that the defendant is in arrears of rent and he has failed to pay or tender the rent within two months from the date of service of the notice. In the present case the demand notice is not filed by the plaintiff. Moreover, in his statement he has no where referred to the notice. Hence, decree under section 12(1) (a) of the Act cannot be passed.