BAJRANGLAL VERMA Vs. GYASO BAI

JUDGEMENT

(1.) AGGRIEVED by a decree and judgment dated 25-6-2001 pronounced by 9th Additional District Judge, Gwalior for his eviction on the ground under Clause (c) of Sub-section (1) of Section 12 of M. P. Accommodation Control Act, 1961, i. e,, on the ground of denial of title in favour of the respondent No. 1, in an appeal preferred by the said respondent No. 1 against judgment and decree dated 11-12-2000 of 10th Civil Judge Class-2, Gwalior dismissing her suit for eviction and arrears of rent, this second appeal has been preferred by the appellant/tenant.

(2.) THE undisputed facts of the case are that the appellant was a tenant in a portion of a house bearing Municipal No. 30/1608/1 (hereinafter referred as "suit Premises" ). The appellant was inducted as a tenant in it by one Manorama Devi Falke who died issueless. Ramchandra Rao and Man Singh Rao were the sons of her only sister. No notice of any kind of transfer by Ram Chandra Rao etc. or by the respondents was ever given to the appellant.

(3.) ONE Smt. Gyaso Bai, now deceased, had submitted an application under Section 23 of M. P. Accommodation Control Act, 1961, in respect to the suit premises before the Rent Controlling Authority, Gwalior, against the appellant on the ground of requirement for her adopted son Raman Lal respondent No. 1. That application being not filed by landlord of the categories enumerated in Section 23 (J) of the M. P. Accommodation Control Act, 1961 (hereinafter referred as "the Act") was transferred and ultimately was registered as a civil suit in the Court of 10th Civil Judge Class-2, Gwalior.