SHALIGRAM Vs. AJAY

JUDGEMENT

(1.) With consent of both the parties, the appeal is heard at motion stage at admission.

(2.) This Second appeal under Sec. 100 of Civil Procedure Code (for brevity, CPC) has been filed by the appellant against the impugned judgment and decree dtd. 11/12/2019 passed by the First Additional District Judge, Ratlam in Civil Appeal No.55/2019 confirming the Judgment and decree dtd. 2/7/2019 passed by Second Civil Judge, Class-II, Sailana, District Ratlam in Civil Suit No.26-A/2018.

(3.) The facts necessary for disposal of the present appeal in brief are that the appeal arises out of the suit filed by the respondent/plaintiffs for eviction in respect of the "suit house" which is situated at Karnataka Chouhara, Village Bajna, District Ratlam. It is pertinent to mention that the provisions of M.P. Accommodation Control Act are not applicable in village Bajna and therefore, the eviction was sought by taking recourse to the provisions of Sec. 106 of the Transfer of Property Act. The suit was filed by the respondent on the averment that the suit house was purchased by the respondent by a registered sale deed dtd. 5/3/2014. It was averred that the appellant was a tenant in three rooms situated on the ground floor of the suit house @ Rs.15.00 per month from the time of plaintiff's predecessors in title. The plaintiff sought eviction on the grounds (i) that the appellant was changing the nature of the suit house, (ii) that he was denying the title of plaintiff, (iii) that he was not paying the rent and (iv) that the suit house was required by the plaintiff for himself and his family members.