ROOPAYAN Vs. SHRI CHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 4th April, 1966 passed by the First Additional District Judge, Indore, in C.F.A. No. 10A of 1965.

(2.) The appeal arises out of a suit for ejectment instituted by the appellant against the respondents. The eviction was sought on the grounds falling under section 12(1)(a) and (c) of the M.P. Accommodation Control Act, 1961, hereinafter called the Act. The trial court decreed the suit holding that the plaintiff was entitled to the relief prayed for only on the ground under section 12(l)(c) of the Act. On appeal, the decree passed by the trial court was reversed and the plaintiff's suit was dismissed. The plaintiff has, therefore, come up in second appeal.

(3.) Shri Joshi, learned counsel for the appellant, contended that the courts below had erred in holding that no decree under section 12(l)(a) of the Act could be passed as the case was covered by subsection (3) of section 12 of the Act. It was pointed out to me, and this position was not disputed by the learned counsel for the respondents, that the respondents had failed to make payment of the rent as required by the provisions of section 13 of the Act. This is evident from the application dated 26th August,1963 submitted by the defendants in this behalf. Under the circumstances, the trial court had erred in holding that no order for eviction of the respondents could be made as the case was covered by section 12(3) of the Act. The provisions of that clause are attracted in the instant case. Now, it is not disputed that the respondent-tenants had neither paid nor tendered the whole of the arrears of rent legally recoverable from them within two months of the date on which the notice of demand was served on them by the plaintiff landlord. Under the circumstances, the plaintiff's suit deserved to be decreed under section 12(1)(a) of the Act alone. It is, therefore, not necessary to consider whether the lower court had erred in holding that the plaintiff had failed to make out a ground under section 12(l)(c) of the Act.