BABU LAL Vs. SUNIL BAREE AND ORS

JUDGEMENT

(1.) The appellant/defendant who is a tenant has directed this appeal under section 100 of the Civil Procedure Code being aggrieved by the judgment and decree dated 1-12-2016 passed by 9th Upper District Judge, Bhopal in Civil Appeal No. 241/2015 whereby the judgment and decree passed by 15th Civil Judge, Class-I, Bhopal in Civil Suit No. 13-A/1973 dated 30-7-2015 decreeing the suit of the respondents for eviction against the appellants on the grounds enumerated under section 12(1)(a) and (c) of M.P. Accommodation Control Act, 1961 (in short "Act") have been affirmed. The facts giving rise to this appeal in short are that a suit for eviction was filed by the original plaintiff Shri Ram Prakash Bairi on 24-12-1968 on the ground that the suit property was purchased by him by registered sale deed on 22-10-1965 from one Usman Khan. The appellant/defendant was admittedly a tenant of Usman Khan. After the purchase of the said property, a notice dated 30-10-1965 was issued to the appellant/defendant but he did not deposit the rent and a notice in this regard was also issued to him but instead of depositing the rent, the appellant disputed the ownership of the original plaintiff. In addition to the grounds under section 12(1)(a) and 12(1)(c) of the Act, the suit was also filed on the grounds under section 12(1)(h) or (n), however, the trial Court decreed the suit in favour of the respondent only on the grounds enumerated under section 12(1)(a) and 12(1)(c) of the Act.

(2.) Challenging the said decree, the appeal was filed which has also been dismissed by affirming the findings recorded by the trial Court on the grounds of section 12(1)(a) and 12(1)(c) on which the appellant/defendant has come forward to this Court in the instant appeal to overturn the concurrent findings of the Courts below. It is relevant to mention here at this stage that the present suit was filed in year 1968 almost about 50 years back. The matter travelled many times in revision and appeal either before this Court or before lower Appellate Court, finally, by order dated 6-5-2010 passed in Civil Appeal No. 164/2009, the Appellate Court set aside ex parte judgment and decree dated 4-8-1989 and the suit was remanded and thereafter on 22-6-2010 the suit was again registered and renumbered and finally the impugned judgment and decree of eviction was passed by the trial Court on 30-7-2015,

(3.) The main plank of submission of the learned counsel for the appellants is that the Courts below have erred while passing the decree on the ground under section 12(1)(c) on the ground that the appellant had denied the title of the plaintiff. He further contended that the appellant had every right to deny the landlord's title in case where the title of the landlord is transferred or devolves upon the third person and therefore he was not estopped from denying title of the plaintiff.