BADRI PRASAD Vs. GANESH KUMAR

JUDGEMENT

(1.) THIS appeal by defendants/tenants under section 100 CPC is directed against the judgment and decree dated 10/08/2005 passed in civil appeal No. 3A/2005 partly allowing the appeal, judgment and decree passed by Civil Judge, Class -II, Shivpuri in civil suit No. 91 -A/2004 is set aside to the extent of eviction of the appellants/tenants under section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as 'the Act').

(2.) THIS Court is of the opinion that both the Courts below meticulously appreciated material on record and have reached to a conclusion that appellants/defendants were in arrears of rent and without prior consent of plaintiff/respondent sub -let the suit premises. As such, Courts below have found that ground of eviction as provided under sections 12(1)(a) and 12(1)(b) of the Act is made out. Findings of Courts below are based on pleadings and evidence on record by cogent evidence.

(3.) ACCORDINGLY , with the consent of counsel for parties and having considered the fact that both the Courts below have ordered for ejectment on the grounds of 12(1)(a), arrears of rent and 12(1)(b) sub -letting suit premises without prior permission of the landlord/plaintiff and the fact that appellants are willing to vacate the suit premises within two years which was not opposed by counsel for the respondent, this appeal is disposed of with following directions: