MOHINI DEVI Vs. RUPCHAND S/O. MULCHAND

JUDGEMENT

(1.) THIS appeal is filed by the defendant assailing the judgment and decree dated 19.01.1998 passed by the Additional District Judge, Indore in Civil Regular Appeal No. 108/ 96 whereby the suit filed' by the plaintiff respondent seeking eviction under Section 12(1)(a) of the M.P. Accommodation Control Act 1961 (hereinafter it be referred as 'the Act') has been decreed and the finding of the trial Court vide judgment dated 30.1.96 passed in Civil Suit No.269A/95 has been set aside.

(2.) THIS appeal was admitted for find 10.08.1998 only on the following substantial questions of law: - "Whether under the facts and circumstances of the case when the appellant -tenant has deposited entire rent under Section 13(1) of the M.P. Accommodation Control Act, the delay in depositing the rent deserves to be condoned and the decree for eviction under Section 12(1 )(a) of the Act is liable to be set aside -

(3.) AFTER hearing learned counsel for the parties and on perusal of the record it is apparent that for adjudicating the said questions of law pleadings of the parties are required to be referred. The plaintiffs case in brief is that house No.480 situated in Badi Gwaltoli, Indore is of his ownership and title. On the ground floor defendant had taken two rooms on rent @ Rs.50/ - per month payable on the first date of every month as per the English Calendar. The tenancy was oral, and by paying rent, the defendant was receiving the receipt. But w.e.f. 01.02.1987, rent was not paid, however a notice was served, which remained un - replied by the defendant. However, this suit has been filed seeking eviction on the ground of arrears of rent as well as on the other grounds.