DEWABAI Vs. BHAMARLAL

JUDGEMENT

(1.) THIS second appeal has been preferred by the defendant tenants against the judgment and decree for eviction passed by Civil Judge Class II Vidisha and on appeal maintained by the Additional District Judge Vidisha.

(2.) THE appellants are the legal representatives of one Shrilal who was originally the tenant in the premises in dispute on rent of Rs. 30/ - per month. The plaintiff respondents filed the present suit on the allegations that the defendant -tenant had not paid rent from 1 -2 -1958. The arrears were demanded by notice dated 30 -11 -1962 but the rent was not paid. By that notice the tenancy was also terminated with effect from 31 -12 -1962. The respondent filed the present suit for eviction on the ground under section 12 (1) (a) of the Madhya Pradesh Accommodation Control Act (hereinafter referred to as "the Act"). The defence of Shrilal was that he was not in arrears of rent at all. According to him the plaintiff -respondents used to purchase things from him on credit and in 1953 the accounts were settled and it was found that there were no arrears left against the defendant. He also denied receipt of the notice. On these facts the trial Court held the defence not proved and decreed the suit of the plaintiff -respondents for eviction as well as for arrears of rent. The appellate Court also maintained the decree and now this second appeal has been preferred by the defendant -appellants.