MAHANT ONKAR DAS Vs. GOPAL DAS DEAD

JUDGEMENT

(1.) KNOCKING the door of this Court by filing this second appeal under section 100 CPC, plaintiff has assailed the judgment and decree passed by learned first appellate Court allowing the appeal of tenants/respondents thereby dismissing the suit of plaintiff for eviction.

(2.) IN brief, the suit of plaintiff is that defendants are tenants in a shop owned by plaintiff at the rate of Rs. 100/-per month. The rent is due w. e. f. 1. 7. 1992 which was not paid by the defendants despite having served notice on 1. 10. 1992 and hence the plaintiff is entitled to a decree under section 12 (1) (a) of the M. P. Accommodation Control Act, 1961 (in short 'the Act' ). The suit was also filed on some other grounds but those grounds have not been found to be proved by learned trial Court. No cross-objection was filed by the plaintiff assailing the judgment of trial court and praying to decree the suit on those grounds also when first appeal was filed by the defendants against the judgment and decree of the trial Court decreeing the suit.

(3.) DEFENDANTS by filing written statement denied the plaint averments. According to the defendants, they are not the tenants of plaintiff but the suit accommodation was given to them by late Shri Maharaj Ji. In para 1-A of the written statement it has been specifically pleaded by the defendants that plaintiff is the owner of the suit property is not in their knowledge and hence averments made in that regard in the plaint have been denied by them. Further it has been denied by the defendants that any rent is due. In para 6 of the written statement it has also been pleaded by the defendants that after the death of Shri Maharaj they are regularly paying rent to Pujari Dashrath Singh.