RAMPRASAD Vs. SHASHI

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 14.11.2005 passed by IV Additional District Judge, Ratlam in Civil Regular Appeal No. 10-A/2005 whereby the judgment and decree dated 13.4.2005 passed by II Civil Judge, Class I, Ratlam in Civil Suit No. 419-A/2003 was reversed and the suit filed by the respondent was dismissed, the present appeal has been filed.

(2.) SHORT facts giving raise to this appeal are that on 1.7.2002 respondent filed a suit for eviction against the appellant alleging that the appellant is tenant of the respondent in the suit accommodation which is situated at 16/428, Subash Marg, Hospital Road, Ratlam vide rent note dated 6.4.1984 @ Rs. 200/- per month. It was alleged that the appellant was tenant of Smt. Gyatridevi who was predecessor-in-title of respondent. Since the appellant failed to pay the rent, hence Smt. Gyatridevi filed the suit for eviction which was numbered as 15-A/1993 in the Court of III Civil Judge, Class II, Ratlam. It was alleged that since the rent was deposited by the appellant, therefore, the said suit was dismissed on 23.10.1996. It was further alleged that during pendency of the suit Smt. Gyatridevi mother of respondent died. Against the judgment and decree dated 23.10.1996 the father of respondent filed appeal which was numbered as 1-A/1997 and was dismissed by II Additional District Judge, Ratlam on 6.9.1997. Further case of the respondent was that vide notice dated 7.6.2000 appellant was informed to pay the rent but inspite of that rent was neither paid nor tendered. On the contrary the notice was wrongly replied. It was alleged that the appellant is in arrears of rent with effect from 1.3.2001 which has not been paid inspite of notice issued on 26.3.2002. On the basis of aforesaid pleadings a decree of eviction was prayed under section 12(1) (a) of the M.P. Accommodation Control Act (which shall be referred hereinafter as "Act").

(3.) ON the basis of pleadings of the parties, learned trial Court framed the issues, recorded the evidence and dismissed the suit against which an appeal was filed which was allowed and decree was passed in favour of respondent with a further direction to appellant to vacate the suit accommodation and pay the rent with effect from 1.3.2001. Being aggrieved by the judgment and decree passed by learned appellate Court the present appeal has been filed.