SHANKARLAL Vs. HIRABAI

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 15.4.2005 passed by Additional District Judge, Khachrod, in Civil Regular Appeal No. 17 -A/2005 whereby the judgment and decree dated 31.3.2004 passed by Civil Judge, Class I, Khachrod in Civil Suit No.109 -A/2001 was confirmed, the present appeal has been filed, which has been admitted for final hearing vide order dated 4.5.2006, on the following substantial question of law :

(2.) SHORT facts giving rise to this appeal are that a suit for eviction was filed by the respondents against appellant on 23.1.1998 under section 12(1)(a) and (d) of the M.P. Accommodation Control Act (which shall be referred hereinafter as "Act") alleging that the appellant is tenant in the suit accommodation @ Rs.300/ - per month and has paid rent upto 31.12.1993 and is in arrears of rent with effect from 1.1.1994 which has not been paid in spite of notice of demand dated 11.8.1997 which was duly served on the appellant. Further case of the respondent was that the suit shop was let out to the appellant for carrying -on business of utensils in the name and style of M/s. Hori Patra Bhandar but the appellant has locked the shop since last 4 years and is not using the suit shop for the purpose for which it was let out. It was further alleged that son of the appellant has opened another shop in the front line of suit shop in the same name and style and appellant has shifted from Khachrod to Ujjain. On the basis of aforesaid facts a decree of eviction was prayed.

(3.) ON the basis of pleadings of the parties, learned trial Court framed the issues, recorded the evidence and decreed the suit under section 12(1)(a) and (d) of the Act against which an appeal was filed by the appellant, which was also dismissed, hence this appeal.