CHITRA KUMAR TIWARI Vs. GANGARAM

JUDGEMENT

(1.) THE suit from which the second appeal arises was instituted by Smt. Sahodra Bai and the present appellants Chitra Kumar and Laxman Kumar, for recovery of arrears of rent and ejectment of Gangaram respondent on the grounds that the tenant did not pay the arrears of rent due by him within two months of notice of demand under section 12(1) (a) of the M. P. Accommodation Control Act, 1961 (hereinafter called the 'Act') and that the plaintiffs genuinely required the suit accommodation for their residence under section 12 (1) (e) of the Act. The arrears of rent were claimed for 16 months at Rs. 13 per month from 1 April 1961 to 31 July 1962.

(2.) THE suit was resisted by the defendant on the grounds that the plaintiffs are not the landlords; that the defendant had paid rent upto 30 September 1961; that he was further entitled to deduct Rs. 73 -50 p. which he incurred on the repairs and that the plaintiffs did not bona fide require the suit accommodation.

(3.) THE trial Judge held the plaintiffs to be the landlords of the suit house by virtue of section 2 (b) of the Act. He held that the tenant was not liable to be evicted as he had deposited arrears of rent within one month of the service of writ of summons on him. He further held that the plaintiffs did not need the house for their residence and that the accommodation in their possession was not insufficient to meet their requirements. In the result, he dismissed the suit.