MURARILAL RAMDEO AGARWAL Vs. FIRM GANESHILAL GULABCHAND NAILA

JUDGEMENT

(1.) THE appellant-defendant, being aggrieved by the judgment and decree dated 12-12-1986, passed in regular Civil Appeal No. 59-A of 1984, passed by the learned Additional District Judge, Bilaspur, a Camp Janjgir, confirming the judgment and decree dated 28-7-1983, passed in Civil Original Suit No. 82-A of 1980, by the Civil Judge, Class II, Janjgir, has preferred this second appeal against the order of his eviction on the ground of Section 12 (l) (a) of the M. P. Accommodation Control Act.

(2.) THE plaintiff filed a suit for eviction of the defendant, pleading that the defendant was the tenant of the plaintiff on monthly rental of Rs. 170/ -. The defendant did not pay rent for the period between June, 1977 to May 1978 and, as such, was in arrears. On 19-6-1978, notice of demand was given to the defendant but despite that he did not deposit rent with the plaintiff. The plaintiff was called upon to file civil suit No. 73-A of 1978, which was decreed in favour of the plaintiff under a compromise and the defendant had agreed to pay monthly rent at the rate of Rs. 200/- per month with effect from 1-11-1979. The decretal rent amount could be recovered from the defendant only in execution of the decree. The defendant did not pay rent from 1-11-1979 to October 1980 at the rate of Rs. 200/- per month and, therefore, the plaintiff filed the present suit.

(3.) THE defendant contended that the earlier compromise was the result of pressure and coercion and the same is not binding on the defendant. He also submitted that the defendant has already instituted proper proceedings before the Rent Controlling Authority for fixation of standard rent and as the defendant was ready and willing to pay rent at the rate of Rs. 80/- per month, the plaintiff with a mala fide intention has filed the suit therefore, the suit is liable to be dismissed. He admitted service of the demand -notice.