MANJU TIWARI Vs. HARPRASAD RASGAI

JUDGEMENT

(1.) THIS appeal, filed under section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 1. 5. 1996 passed by the Iind additional Judge to the Court of District Judge, Hoshangabad in Civil Appeal no. 52-A/95 arising out of the judgment and decree dated 16. 2. 1994 passed by the IInd Civil judge, Class-I, Hoshangabad in Civil Suit No. 39-A/88.

(2.) THE relevant facts of this case are as follows. The appellant/plaintiff claimed that she purchased the suit premises by a registered sale-deed dated 1. 11. 1977 from the previous landlord of the respondent who was the owner of the suit house. The respondent was a tenant of the original landlord and paid rent at the rate of Rs. 20/- (Rupees Twenty) per month. He was in arrears of rent since 1982 and, therefore, a notice of demand dated 23. 8. 1993 was made. She claimed eviction of the respondent on the ground of section 12 (1) (a) of the M. P. Accommodation Control Act, 1961 (henceforth 'the Act'), for the reason, the respondent did not pay the arrears of rent within two months of service of notice of demand. The appellant further claimed that the requirement of the house was bona fide under section 12 (1) (e) of 'the Act'. The respondent denied that there was any relationship of landlord and tenant between the appellant and him. The respondent claimed that he was tenant of Hari Prasad Surele who was receiving rent from him.

(3.) SINCE, the respondent denied the title of the appellant, the appellant amended the plaint and claimed that denial of the title of the appellant amounted to nuisance within the meaning of section 12 (1) (c) of 'the Act' and for this reason also, the appellant was liable to be evicted.