BHANWARLAL GUMAN SINGH Vs. RATANLAL LAHOTI

JUDGEMENT

(1.) DEFENDANT/appellent has preferred this Second Appeal against the judgment and decree passed in Civil Appeal No. 95-A /80, by the Additional Judge to the Court of District Judge, Guna, dated 16-5-1980.

(2.) PLAINTIFF/respondent filed a suit of ejectment from residential accommodation under section 12 (1) (b) of the M. P. Accommodation control Act, against the defendant/appellant in the Court of 1st Additional civil Judge, Class II, Guna. The suit was filed on the ground of sub-let-ting or/and parting with possession of one room of the rented premises by the tenant, Bhanwarlal, to one Jagdish Prasad. Ex. P-1 notice was served by the plaintiff/respondent to the tenant-defendant, Bhanwarlal, on 14-10-1977. It took nearly six months for the defendant/appellant to reply this notice dated 20-4-1978, which is Ex. P-2. In his writen statement as well he admitted that Jagdish took the the occupation of the part of rented premises. In para 3 of the written statement he states that he served a notice upon the said Jagdish Prasad to vacate the premises but the copy of said notice has not been produced by him during the trial.

(3.) THE trial Court decreed the suit, aggrieved by which he preferred an appeal in the Court of District Judge, Guna. Appeal was also dismissed.