HARJIVAN GOVINDBHAI Vs. SUSHILKUMAR MOOLCHAND

JUDGEMENT

(1.) BEING aggrieved by the Judgment and decree dated 2-12-1983 passed by the 10th Additional District Judge, Indore in Civil First Appeal No. 20a of 1982, thereby confirming the judgment and decree of eviction passed by the trial court on the ground of section 12 (1) (e) of the M. P. Accommodation Control Act 1961, the tenant-appellant has filed this second appeal in which following substantial questions of law have been raised :

(2.) THE facts giving rise to this appeal may be stated, in brief, thus: Plaintiff No. 1 sushil Kumar is the uncle of plaintiff No. 2 Dilip Kumar. It is not in dispute that house no. 35/2 (old No. 35) Khatipura Road, Indore is owned by the plaintiffs in which the defendant is residing as their tenant in two rooms on the ground floor on a monthly rent of Rs. 25/-, his tenancy commencing on the 18th of each English calendar month.

(3.) FURTHER according to the plaintiffs the defendant has been in arrears of rent for which a notice of demand dated 11-4-1975 was sent by registered post which was served on the defendant on 14-4-1975 which was not paid by the defendant within the stipulated period which has caused mental pain to the plaintiffs. Thus, the defendant has committed nuisance for which they sought the decree of eviction on the ground of section 12 (l) (e) of the said Act.