RAJENDRA KUMAR GUPTA Vs. RAM SEWAK GUPTA

JUDGEMENT

(1.) THIS is defendant's Second Appeal directed against the Judgment and Decree passed in Civil Appeal No. 68 -A/2004 passed on 19.01.2005 affirming the Judgment and Decree dated 25.1.2012 in Civil Suit No. 11 -A/1991.

(2.) THE plaintiff brought a suit for ejectment against the defendant in respect of a shop situated at Ward No. 3 Naogaon bearing No. 1207, admeasuring 18 x 18 on the ground of arrears of rent, bonafide need for non -residential purpose on the plea that defendant executed a rent note in favour of plaintiff and that he was the owner of suit shop. The rent note was for two years and the rent for the period from 15.4.1988 to 15.4.1989 was Rs. 400 per month and for the period from 16.4.1989 to 16.4.1990, the rent was Rs. 500 per month.

(3.) THE trial Court while non suiting the plaintiff on the issue of arrears of rent; however, treated the denial of ownership as a disclaimer of title and accordingly decreed the suit under Section 12(1)(c) of the M.P. Accommodation Control Act, 1961. The Appellate Court while affirming the findings by the trial Court partly allowed the appeal to the extent of defendant's liability for the rent from 17.4.1990 till the vacating of shop @ Rs. 500 per month instead of Rs. 700 per month as determined by the trial Court interpreting Ex.P/1 the Kirayanama.