DEV SHANKAR Vs. SHASHI

JUDGEMENT

(1.) Present second appeal has been filed against the judgment dated 04.09.2017 passed by the District Judge, Ratlam in Civil Suit No.47-A/16. Facts of the case reveal that the plaintiff-Shashi, respondent before this Court has filed a civil suit for eviction of the present appellant in respect of the house 16/427, Post Office Road, Shop No.17. A decree of eviction was sought on the ground of nonpayment of rent under Section 12(1)(A) of the M.P. Accommodation Control Act, 1961 and under Section 12(1) (B) on the ground of subletting.

(2.) The trial court has dismissed the suit by holding that after receiving the notice given by the landlord, the amount of rent was tendered through a cheque to the plaintiff and against the judgment and decree dated 25.06.2016 passed by the Civil Judge, Class-I in Civil Suit No.29-A/2013, a first appeal was preferred and the same was registered as F.A. No.47-A/2016. The trial court has allowed the appeal of the landlord and held that keeping in view the violation of Section 13(1) of M.P. Accommodation Control Act, 1961, the plaintiff is entitled for eviction under Section 12(1)(a) of the M.P. Accommodation Control Act, 1961.

(3.) Learned counsel for the appellant/tenant has argued before this Court that once the arrears of rent have been paid w.e.f. 01.04.2008 and as the cheque for Rs. 4750/- was refused by the plaintiff, the ground of Section 12(1)(a) of the M.P. Accommodation Control Act, 1961 is not available to the plaintiff and in those circumstances, the appellate court could not have decreed the suit by allowing the appeal.