LAXMAN PRASAD Vs. SADHNA JAIN

JUDGEMENT

(1.) The present second appeal filed under section 100 of the Code of Civil Procedure assails the concurrent findings rendered by the trial Court as well as First Appellate Court decreeing the Suit for eviction based on the grounds enumerated under section 12(1)(a) &(c) of M.P. Accommodation Control Act, 1961 ("the Act, 1961" for brevity).

(2.) Learned counsel for the rival parties are heard on the question of admission.

(3.) The facts giving rise to the suit in question is that plaintiff instituted a suit for eviction on the ground available under section 12(1)(a) &(c) of the Act, 1961 claiming himself to be the owner of the suit property on the strength of registered sale-deed dated 22/01/2002 [Ex-P/1] and the certified copy of khasra for the year 2005-06 [Ex-P/10] mentioning the name of the erstwhile owner Deepak Udasi from whom the plaintiff had bought the suit property. The plaint averred that in the suit property which was half of the house situated at Survey No.743 Mohalla Udasi Ashram, town of Guna, the defendant/appellant herein was entered as tenant at rent of Rs. 18/- per month vide Ex-P/6 to Ex-P/9 (rent receipts). The plaint further averred that no rent was paid by the defendant/tenant from February, 2002 for which reminder was sent by letter vide Ex-P/2. Notice for eviction dated 24/04/2005 was served upon the tenant/defendant which was returned with the endorsement that tenant had gone out of station. The suit was, thereafter, filed under section 12(1)(a) &(c) the Act, 1961 for eviction and arrears of rent.