LAWS(MPH)-2017-6-168

UMMED BAGHEL Vs. MOHD ANEES KHAN

Decided On June 23, 2017
Ummed Baghel Appellant
V/S
Mohd Anees Khan Respondents

JUDGEMENT

(1.) Heard on admission.

(2.) This is an appeal filed under Section 100 of the Code of Civil Procedure, challenging the judgment and decree dated 25-02-2014,passed by First Additional District Judge, Balaghat, in Regular Civil Appeal No.34-A/2013, affirming the judgment and decree dated 23-08-2013, passed by 4th Civil Judge ClassII, Balaghat, in Civil Suit No.136-A/2013, whereby the suit filed by the respondent/plaintiff for eviction on the ground under Section 12(1)(b) of M.P. Accommodation Control Act,1961(hereinafter referred to as 'the Act') has been decreed.

(3.) Brief facts of the present case in short are that the plaintiff/respondent filed a suit for possession and arrears of rent. It was pleaded that the plaintiff had purchased the suit land and house by registered sale deed on 29-03-2011 from one Smt. Manjula Bai, W/o Viththal Rao Kothari. It is submitted by him that the appellant was residing as a tenant in the suit house on a sum of Rs.150/- per month before execution of the registered sale deed and thereafter the appellant has become tenant of the respondent. A legal notice on 29-09-2011 was sent by the plaintiff to the appellant. Since the appellant failed to respond to the aforesaid notice, the tenancy was terminated from the midnight of 31-10-2011 and informed the appellant to deliver the vacant possession of the suit house on 01-11-2011. It is further pleaded that the appellant did not deliver the vacant possession and therefore, the suit was filed for eviction on the ground that the appellant has failed to pay the arrears of the rent .