DAULAL RATHI Vs. PUSHTIMARGIYA VAISHNAV SANSTHA

JUDGEMENT

(1.) This appeal under Sec. 100 of the Code of Civil Procedure has been preferred by the defendant being aggrieved by the judgement and decree dtd. 31/1/2004 passed in Civil Appeal No.68-A/2003 by the 13 th Additional District Judge, Indore affirming the judgement and decree dtd. 2/8/2003 passed in Civil Suit No.20-A/2002 by the IInd Civil Judge Class I, District Indore, whereby the claim of plaintiff for his eviction from the suuit premises had been decreed on grounds enumerated under Sec. 12 (1)(a)(c)(m) of M.P. Accommodation Control Act, 1961 (hereinafter referred to as the 'Act 1961').

(2.) The plaintiff had instituted an action against the defendant for his eviction from the suit premises on 25/10/1978 on grounds enumerated under Sec. 12 (1)(a)(c)(m) of the Act, 1961 submitting that it is the owner of House No.236, Mahatma Gandhi Marg, Indore in which defendant is a tenant since the time of his father at Rs.7.50 per month. He has been irregular in the matter of payment of monthly rent. He has illegally taken possession of two rooms besides the tenanted premises. He has also denied plaintiff's title to the suit premises.

(3.) The defendant contested the plaintiff's claim by filing his written statement denying all the grounds as raised in the plaint for seeking his eviction from the suit premises. During pendency of the suit, the plaintiff was registered as a Public Trust under the provisions of M.P. Public Trusts Act, 1951. Thereafter, an application under Order 6 Rule 17 of the CPC was preferred by plaintiff seeking amendment of the plaint to claim exemption from the operation of the Act, 1961 by virtue of notification issued under Sec. 3 (2) of the Act, 1961.