MOLANA Vs. JAGDISH & ANOTHER

JUDGEMENT

(1.) The appellant/defendant has filed the present appeal being aggrieved by judgment dated 4.3.2017 passed by Additional District Judge, Ratlam in First Appeal No.22-A/2017 by which the judgment and decree for eviction dated 18.10.2014 passed in Civil Suit No.10-A/2014 passed by 5th Civil Judge, Class-II, Ratlam has been affirmed.

(2.) The respondents (hereinafter, referred as "the plaintiffs") are the owner of house situated at Bajrang Nagar, Ratlam. They have let out 2 rooms, latrine bathroom to defendant on 16.8.2010 for the period of 11 months in a rent of Rs.700/- per month. The said tenancy came to an end on 16.9.2011. The plaintiff due to the bonafide need of his family requested defendant to vacate the premises and further requested him to pay the arrears of rent as he did not pay the rent since 16.7.2011 to 15.6.2012 i.e. 11 months. The plaintiffs served a legal notice dated 14.6.2012 to the defendant demanding vacant possession and arrears of rent. Despite receipt of notice, the defendant did not pay the rent and did not vacate the premises. Then, the plaintiff filed the civil suit on 20.7.2012 claiming possession and arrears of rent as well.

(3.) The defendant filed the written statement refuting the averments made in the plaint. The defendant denied the ownership of the plaintiff as he had obtained the house on lease on the basis of false information. He has also denied agreement dated 16.8.2010 and allegation of the nuisance.