RAM KISHAN SHARMA Vs. PANKAJ KUMAR AHUJA

JUDGEMENT

(1.) This Second appeal under Sec. 100 of Civil Procedure Code (for brevity, CPC) has been filed by the appellant/plaintiff against the impugned judgment and decree dtd. 14/10/2016 passed by Court of Tenth Additional District Judge, Gwalior in Civil Appeal No. 13/2015, by which, the Judgment and decree dtd. 05/11/2015 passed by 3 r d Civil Judge, Class - 1, District Gwalior in Civil Suit No. 36-A/2014 has been set aside.

(2.) The necessary facts for disposal of the present appeal, in short, are that the original plaintiff Ramkishan Sharma (since dead) filed a civil suit seeking eviction against the defendants/respondents on the ground of Sec. 12(1)(a), (b), (f), (h) of M.P. Accommodation Control Act 1961 in respect to the shop shown as red oblique lines in plaint map situated in the building bearing municipal number 39/593 New number 57/593 surrounded by in the East: Joint House, West: Road Madhavganj, North: House Panchayati (Oswal), South: Shop of Deeptilal.

(3.) It was the case of plaintiff that father of defendant i.e. Vishandas S/o Khaturam was the tenant in the disputed shop @ Rs.865.00 per month. It is also pleaded that vide rent note dtd. 15/4/1979 father of plaintiff became tenant @ Rs.225.00 per month, thereafter, rate of rent was enhanced upto Rs.865.00 per month.