VISHNUPRASAD Vs. RAJENDRA SINGH

JUDGEMENT

(1.) The present appeal is preferred by the appellants under Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") being crestfallen by the order dtd. 30/9/2021 passed by learned Xth Additional District Judge, District Indore in COS No. 36-A/2011, whereby the suit filed by the respondent has been allowed and decreed.

(2.) The facts leading to the present appeal in nut-shell are that the respondent filed a suit for eviction against the appellants under Sec. 12(1) (a), 12(1)(c) and 12(1)(f) of the M.P. Accommodation Control Act 1961 (in short "the Act"). It was pleaded by the respondent in the plaint that a house situated at 321/1, Palhar Nagar, Indore is under the ownership of the respondent and the said house was constructed by him by obtaining loan from the P.N.B. Housing Finance Company Limited. It was further pleaded in the plaint that the said house was let out to the Appellants @ of Rs.5,000.00 per month and the tenancy is of oral tenancy and the same will start from every first day of English calendar and end between 1st day to 10th day of the Month. It was further pleaded in the plaint that the other expenses such as electricity, water, and paint of house shall be borne by the Appellants and as and when the respondent need the house, the appellants shall vacate the said house. Since the appellant No.1 is the brother-in-law of the respondent and appellant No. 2 is the real sister of the respondent, therefore, it was agreed between them that the appellants will pay Rs.5,000.00 per month as rent out of which Rs.4500.00 per month be paid as installment of loan and remaining Rs.500.00 be paid to him but the appellants have never paid the rent regularly and, therefore, rent amount of Rs.6,000.00 is due on the appellants. It was further stated that when the respondent is in the need of the suit house for study of his daughter and medical treatment of his brother's wife who is dependent on him, he demanded the vacant possession of the suit house, but the appellants have denied the same and also not paid the rent. In this situation, the respondent has given the legal notice and the appellants have submitted reply to the legal notice and, thereafter, the present suit was filed by the respondent.

(3.) The appellants, being defendants filed a written statement stating that the suit filed by the plaintiff is not maintainable as there is no relationship of landlord and tenant between the appellants and respondent and the suit property is under the ownership and possession of the appellants. It was further stated by the appellants that the appellant no.1 is working as labour and making car seat cover and the appellant No. 2 is doing stitching work and they want to purchase a house but when they tried to obtain loan it came to their knowledge that in any condition they will not get the loan, because, they are not having the required documents to obtain loan. It is necessary to mention here that the sale deed is executed in the name of the person who obtain the loan therefore, the appellants believing and trusting respondent got executed the sale deed in the name of respondent and loan was taken from the Punjab National Bank and the remaining amount of Rs.1,00,000.00 was given by the respondent as loan to the appellants and on 27/5/2005 the sale deed was executed.