KABEER AHMED Vs. SHEIKH HABIB

JUDGEMENT

(1.) This second appeal is preferred by appellants-Kabir Ahmed and Shabir Ahmed (LRs of original plaintiff-Mst. Chhotam Bi) but during pendency of second appeal both the appellants also died, hence the present appellants were substituted at their place. Similarly, during pendency of second appeal original tenant/defendant-Sheikh Habib, also died and his legal representatives were substituted at his place.

(2.) Instant second appeal is preferred at the instance of plaintiffs/landlord challenging judgment and decree dtd. 26/7/1999 passed by Addl. District Judge, Burhanpur, in civil appeal no.235-A/87 affirming the judgment and decree dtd. 5/2/1987 passed by 3rd Civil Judge Class II, Burhanpur, in civil suit no.24A/86, whereby Courts below have concurrently dismissed plaintiff's suit for eviction filed on the ground of default in payment of rent available under Sec. 12(1)(a) of the M.P. Accommodation Control Act, 1961 (for brevity, 'the Act').

(3.) Facts, in short are that, the original plaintiff Mst. Chhotam Bi instituted the suit on the ground under Sec. 12(1)(a) of the Act as well as for recovery of arrears of rent against the defendant-Sheikh Habib for eviction of rented house with the allegations that the defendant is tenant on the basis of oral agreement of tenancy on monthly rent of Rs.50.00 but he never paid the rent timely and is in arrears of rent w.e.f. 1/9/1982, which he has not paid in spite of issuance/service of notice of demand dtd. 12/2/1985 (Ex.P/1). After service of notice he did not even reply the notice and neither paid arrears of rent nor vacated the house. On inter alia allegations, the suit was filed.