M P BHAYA Vs. RAM PRAKASH SHARMA

JUDGEMENT

(1.) THIS is an appeal Under Section 100 of the Code of Civil Procedure, filed by the defendant against the judgment and decree dated 21-7-1995, passed by IX Additional District Judge, Bhopal, in Civil Appeal No. 62-A/94, arising out of judgment and decree dated 6-5-1994, passed by IV Civil, Judge Class-II, Bhopal, in Civil Suit No. 66-A/93.

(2.) THE appellant is the tenant of respondent. He accepted the suit house No. 188 E-8, Bharatnagar, Shehpura, Bhopal on monthly rent of Rs. 800/- per month. The tenancy commenced from the first day of English calendar month and continued upto the last day thereof.

(3.) THE respondent filed Civil Suit No. 66-A of 1993 against the appellant Under Sections 12 (1) (a), 12 (1) (c) and 12 (1) (e) of M. P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act' for short ). The allegations in the plaint regarding the grounds Under Section 12 (1) (a) (ibid) were that the appellant did not deposit the rent of the suit house from January, 1990 despite notice of demand. It was also claimed that the appellant was quarrelling with the neighbours and creating nuisance and, therefore, he was liable to be evicted Under Section 12 (1) (c) of the Act. The ground of eviction Under Section 12 (1) (e) of the Act was that he had an alternative accommodation of his own in the city of Bhopal. The respondent also claimed a decree for arrears of rent from 1-1-1990 to 31-12-1990 and thereafter mesne profits @ Rs. 800/ per month.