MANISH Vs. RAHUL MANTRI

JUDGEMENT

(1.) The appellant / defendant has filed the present second appeal being aggrieved by the judgment and decree dated 23/02/2017 passed in Civil Case no. 09-A/2016 by the 17th Civil Judge, Class-II, Indore and affirmed by 15th Additional District Judge, Indore in Civil Appeal no. 90-A/2017 vide judgment and decree dated 11/12/2017.

(2.) The brief facts of the case in short are as under : The respondent / plaintiff being the owner of the flat no. C-16, 3rd Floor, Navlakha Complex, Indore comprising two bedrooms, two let-bath and one kitchen, total 75 sq. meter, ( hereinafter referred to "the suit accommodation ) filed a suit for ejectment and arrears of rent, mesne profit under the provisions of section 12(1)(a)(c)(i) of the M.P. Accommodation Control Act ( hereinafter referred to "the Act") against the appellant ( herein after referred as "the defendant"). As per the pleadings in the plaint, the defendant took the suit accommodation on rent from the plaintiff for the limited period due to alteration and addition in his own house. He agreed to pay Rs. 3025/- per month as rent. He paid the rent of Rs. 3580/- vide cheque no. 103865 dated 14/09/2012, Cheque no. 271664 dated 16/05/2013 of Rs. 7100/-, cheque no.271661 dated 11/07/2013 of RS. 4340/-. The plaintiff served notice to the defendant for payment of Rs. 34,792/- payable for the period from 15/04/2013 to 31/03/2014. The said notice returned unserved. Thereafter, he sent another notice to the defendant on the address i.e. 223, Manorama House, Grater Brajeshawari, Indore which was served to the defendant on 05/02/2014, but he did not reply. The defendant has started living in his house and the present suit accommodation is not required to him and he is also denying the ownership of the plaintiff and alleging that the plaintiff has agreed to sell the house to his wife Manju Gupta. On the basis of the aforesaid pleadings, the plaintiff filed the suit for ejectment, possession, arrears of rent and mesne profit from the defendant.

(3.) After notice, the defendant filed written statement refuting the allegations made in the plaint. According to the defendant, the plaintiff entered into an agreement dated 15/01/2013 with his wife Manju Gupta for sale of the suit accommodation for consideration of Rs. 15 lacs. She has paid the amount of Rs. 1,70,000/- as an advance. The wife of the defendant is always ready and willing the sale deed executed and she is in possession. There is no arrears of rent.