HARISHCHANDRA Vs. MANOHAR

JUDGEMENT

(1.) This Second Appeal under section 100 of the Code of Civil Procedure, 1908, is arising out of the judgment and decree dated 14/7/2017 passed by 11th Additional District Judge, Indore in Civil Appeal No. 13/2016, affirming the judgment and decree dated 23/2/2012 passed by Civil Judge, Class II, Indore in C.S. No. 27A/2010.

(2.) Facts of the case reveal that the plaintiff who is owner of House No. 79, Sitlamata Bazar, Indore has filed Civil Suit for eviction of tenant taking shelter of Section 12(1)(a) and (f) of the M. P. Accommodation Control Act, 1961 on the ground of non-payment of rent as well as claiming mesne profits. The statement of witnesses recorded before the trial Court have established that the rent of the premises in question has not been paid w.e.f. 1/11/2006 and even after receipt of notice, rent was not paid.

(3.) The trial Court after taking into account the statement of witnesses Manoharlal (PW 1) and Harishchandra Bhatia (DW 1) and the documents placed before the trial Court, has arrived at a conclusion that the plaintiff - landlord is entitled for a decree of eviction and in those circumstances, as ingredients of Section 12(1)(a) and (4) were proved, the Civil Suit has been decreed. The findings of facts arrived at by the trial Court have been affirmed by the first appellate Court, meaning thereby, there are concurrent findings of facts arrived at by both the Courts below. Not only this, during the pendency of the present Second Appeal, which was filed in the year 2017, possession has been handed over to the plaintiff on 3/8/2018 through Court as execution proceedings were pending. This Court is of the considered opinion that no substantial questions of law arises in the present appeal.