PURANCHAND Vs. ANANDI BAI

JUDGEMENT

(1.) THIS second appeal has been filed by the plaintiff-appellant against judgment and decree passed by Additional District Judge, Gwalior, in Civil Appeal No. 89a of 1969 confirming the judgment and decree passed by Civil Judge Class II, gwalior in Civil Suit No. 145 of 1965 dismissing the plaintiff-appellants' suit for eviction,

(2.) THE facts giving rise to the present appeal are that the plaintiff-appellant filed a suit for arrears of rent and eviction on the grounds covered by Section 12 (1) (a), (c), (e) and (i) of the M. P. Accommodation Control Act, 1961 against the defendant-respondent. The Courts below dismissed the claim as far eviction is concerned.

(3.) THE respondent-defendant is in occupation of two rooms on the ground floor in house No. 2/1884 situate at Lohiya Bazar. Lashkar. At one time, the whole house vested in the management of the Managing Officer-cum-Cus-todian. Gwalior, as this house was declared as an evacuee property. The respondent-defendant was inducted in the suit accommodation as a tenant on monthly rent of Rs. 3/- per month and the rent note was executed by her in favour of the custodian. Evacuee Property. This house was purchased by the plaintiff-appellants in an auction-sale held on 24-6-1960 and at that time besides the defendant-respondent, other tenants were also in occupation of portions of the house. One of the tenants vacated the premises on 9-12-1965 and thereafter the plaintiff-appellant has occupied this accommodation before filing of this suit.