MUNNIBAI Vs. URMILA

JUDGEMENT

(1.) THIS appeal is filed by the tenant against the judgment and decree dated 24.12.2005 passed by the 7th Additional District Judge, Gwalior in Civil Appeal No. 28A/05, whereby the learned Additional District Judge affirmed the judgment and decree of the trial Court by which the suit of the respondent-plaintiff was decreed under section 12 (1) (a) and (e) of the the M.P. Accommodation Control Act, 1961 (for short the "Act").

(2.) BOTH the Courts below after appreciation of evidence on record concurrently held that inspite of the order dated 3.11.2000 passed on an application under section 13 (2) of the Act, the appellant failed to pay arrears of rent within a period of one month by 3.12.2000 and thereafter he committed default in paying the rent. Considering this fact, the trial Court decreed the suit of the plaintiff under section 12 (1) (a) of the Act. It is also held that the need of the plaintiff is genuine and he was not having any alternative suitable accommodation for his residential purpose and also granted a decree under section 12 (1) (e) of the Act.

(3.) IN view of the concurrent finding of facts recorded by the Courts below, the learned counsel for the appellant prays for two years time to vacate the suit premises.