SUSHILA BAI Vs. RAJENDRA TRADERS

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 17-7-1997 passed in civil Regular Appeal No. 14/1986, by IV th Additional District Judge, Indore wherein judgment and decree dated 30-4-1986, passed by IX th Civil Judge class- II, in Civil Suit No. 91-A/1984, was set aside and the suit filed by the appellants was dismissed, the present appeal has been filed, which has been admitted for final hearing vide order dated 23-2-1998 on the following substantial questions of law:-

(2.) SHORT facts of the case are that on 2-8-1976, a suit for eviction was filed by the appellants against the respondent under Section 12 (1) (a) and (d) of the M. P. Accommodation Control Act, 1961 (which shall be referred hereinafter as 'act'), alleging that the respondent is tenant in a shop situated at 76, Sheetlamata Bazar, Indore @ Rs. 80/- per month. It was alleged in the plaint that the respondent is in arrears of rent which has not been paid by the respondent in spite of notice of demand. It was also alleged that the respondent is not using the suit accommodation for the purpose for which it was let out since last 6 months. On the basis of the aforesaid pleadings decree of eviction was prayed. Respondent filed a written statement wherein plaint allegations were denied and it was alleged that respondent is carrying on business from the suit accommodation regularly. It was prayed that suit be dismissed.

(3.) ON the basis of pleadings of the parties, learned Trial Court framed the issues, recorded the evidence and decreed the suit vide judgment and decree dated 30-4-1986 under Section 12 (1) (d) of the Act. However, the decree under section 12 (1) (a) of the Act was refused. Against the judgment and decree passed by the learned Trial Court an appeal was filed by the respondent which was dismissed, hence, the respondent filed the second appeal before this Court which was numbered as S. A. No. 08/1988 and was allowed vide judgment dated 10-3-1997, whereby the case was remanded to the First Appellate Court to decide the appeal afresh.