KRISHNARAO KAVDIKAR ULLAS KAVDIKAR Vs. SADHNA KHANVALKAR

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS appeal is filed by the appellant-plaintiff against the judgment and decree dated 25-1-2007 passed by Additional Judge to the Court of District Judge, Fast Track, Gwalior, in Civil Appeal No. 20-A/06, whereby the judgment and decree passed by the Trial Court dismissing the suit for ejectment was affirmed.

(3.) BRIEF facts of the case are that the father of the present appellant krishna Rao was owner of the disputed house bearing Survey No. 57/1690. Krishna Rao acquired the suit property from his father Late Shri Anand Rao, who expired on 12-2-1944. On 15-5-2002, he filed a suit for ejectment under section 12 (1) (a) and (c) of the M. P. Accommodation Control Act, 1961 (for short 'the Act' ). It was pleaded that defendant No. 1 is daughter of Krishna Rao, married to Shri R. G. Khanvalkar and after some time of her marriage, her husband developed bad habits, i. e. , started taking liquor and assaulted her and, therefore, the plaintiff who is father of the defendant No. 1 agreed to let out the house in question for residential purpose to the defendant No. 1 and inducted her as tenant on monthly rent of Rs. 200/- per month, excluding water and electricity charges. The tenancy of the defendant was oral and from month to month. It was alleged that defendant has paid the rent upto December, 2001 but thereafter, no rent was paid. Krishna Rao, the original plaintiff executed will on 3-5-1992 in favour of his wife and son. After death of his wife, he executed another will dated 2-2-2002 in favour of his son Ullas Kavitkar vide Exh. P-2. On 18-4-2003, Krishna Rao died and his son, the present appellant was impleaded as plaintiff.