ANANDILAL Vs. SHIVDAYAL PANDEY

JUDGEMENT

(1.) THIS is plaintiff's appeal against the judgment dated 31 -1 -1968 in Civil Appeal No. 202 -A/66 by the Additional District Judge, Vidisha, whereby he reversed the judgment of the Civil Judge, Class II, Vidisha dated 9 -11 -1966 in Civil Original Suit No. 89 -A/65 and dismissed the suit of the plaintiff appellant against the defendant respondent for ejectment and arrears of rent.

(2.) THE short facts giving rise to this appeal are these. The defendant respondent was inducted as a tenant in the suit premises at the rent of Rs. 18/ - per month on 15 -4 -1959 by the plaintiff appellant. On 15 -4 -1965, the plaintiff filed a suit for ejectment on the ground under section 12 (1) (a) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the Act) that the defendant was in arrears of rent since 1 -6 -1962 which he failed and neglected to pay within two months the arrears of rent from the service of the composite notice (Ex. P/3) of demand of arrears of rent and determining the tenancy of the defendant. The defendant while controverting the plaint allegations; inter alia, contended that on 22 -6 -1964, he had cleared off all the arrears of rent upto 16 -6 -1964 and nothing was due and payable by him to the plaintiff towards the rent till 16 -6 -1964. The trial Court found that the defendant had committed a default in the payment of the rent and he was in arrears of rent as contended by the plaintiff and having found the ground under section 12 (1) (a) proved, decreed the suit. On appeal by the defendant, the lower appellate Court found that the plaintiff has failed to prove that there were arrears of rent against the defendant and on that ground, allowed the appeal and dismissed the suit of the plaintiff.

(3.) 1975 MPLJ 657 the operation of the whole of section 13 (1) of the Act is arrested.