RAJENDRA PRASAD RAJORIYA Vs. SHIVCHARAN MALVIYA AND ORS.

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by the judgment and decree dated 15.3.2002 passed by the Second Additional District Judge, Hoshangabad in Civil Appeal No.16-A/2001 affirming and confirming the judgment and decree dated 15.1.2001 passed by the Civil Judge, Class-I, Itarsi, District Hoshangabad in Civil Suit No.2-A/1998 whereby the suit for eviction filed by the respondent/plaintiff has been decreed.

(2.) The brief facts leading to filing of the appeal are that the respondent/plaintiff filed a suit for eviction against the appellant on the grounds as stated in Sections 12(1)(a), 12(1)(e) and 12(1)(g) of the Madhya Pradesh Accommodation and Control Act (hereinafter referred to as "the Act").

(3.) It was contended by the respondent/plaintiff that he had two houses in the city of Itarsi. One was in his occupation and the other was let out to the appellant. It was also contended that on account of the fact that the two sons of the original plaintiff Shivcharan had got married and also had children, therefore, the house in his possession was not sufficient for the needs of his expanded family and therefore he had sought eviction of the appellant from the house, let out to the appellant. It was further contended that the appellant was in arrears of rent and that the appellant had damaged the premises also.