PROPRIETOR GULATI ENTERPRISES Vs. SHRI SHRI 1008 JAGAT GURU SHANKARACHARYA SWAMI SWAROOPANAND SARASWATI

JUDGEMENT

(1.) APPELLANT defendant has filed this against the judgment and decree 25.06.2012 passed in Civil Appeal No. 3 -A/12. The Appellate Court affirmed the decree passed by the trial court under Section 12 (1) (h) of the M.P. Accommodation Control Act 1961, (in short the Act of 1961). However, the appellate court set aside the decree passed by the trial court in regard to Section 12 (1) (c) and (f) of the Act of 1961.

(2.) THE plaintiff filed a suit for eviction. The plaintiff pleaded that a Gayatri Pathshala was in existence on plot 12/1 and 12/2 situated at old Marhatal, Block No. 83, Jabalpur from ancient times. The plaintiff decided to establish a Gayatri Sanskrit College for the purpose of imparting education of Sanskrit Language to the students. Previously the management of Sanskrit Pathshala was being done by the Manager and some tenants were inducted in some portion of the building. The defendant - appellant was tenant of the plaintiff. He did not pay the rent. The tenanted portion is old one and it was in dilapidated condition. The plaintiff further pleaded that plaintiff wanted to construct the building for the purpose of establishment of a Sanskrit College. No Objection Certificate was obtained from the Jabalpur Development Authority and Town & Country Planning. Development Fee of Rs.25825/ - was also deposited. However, the defendant did not hand over the possession of the suit premises neither the defendant paid the rent to the plaintiff.

(3.) ON 17.6.2014, the trial court proceeded ex -parte against the defendant. The defendant filed an application under Order 9, Rule 7 of the CPC for setting aside the ex -parte proceeding. That application was rejected by the trial court, vide order dated 1.2.2005. Thereafter again the application was filed by the defendant under Section 151 of CPC for grant of permission to defend the case. That application was also dismissed. The trial court decreed the suit and passed the decree of eviction against the appellant under Section 12 (1) (f) and 12 (1) (c) and 12 (1) (h) of the Act of 1961. Against the aforesaid judgment and decree, the appellant filed an appeal. The appellate court affirmed the judgment and decree passed by the trial court of eviction under Section 12 (1) (h) of the Act of 1961, however set aside the judgment and decree of eviction under Section 12 (1) (f) and 12 (1) (c) of the Act of 1961.