MAKHAN LAL Vs. PARMANAND MAHESHWARI TRUST AND OTHERS

JUDGEMENT

(1.) This appeal under section 100 of the Code of Civil Procedure,1908 (hereinafter shall be referred to as "C.P.C") has been filed being aggrieved by the judgment and decree dated 4.5.2017 passed by 2nd Additional District Judge, Sagar in Civil Appeal No.900106/2016 confirming the judgment and decree dated 30.7.2016 passed by the 7th Civil Judge, Class-II, Sagar in Civil Suit No.22A/2016 decreeing the suit of eviction in favour of the plaintiffs as per the provisions of section 106 of the Transfer of Property Act, 1882 (hereinafter shall be referred to as "T.P.Act").

(2.) The plaintiffs have filed a suit against the defendants seeking eviction and payment of arrears of rent interalia contending that they are the registered public trust and the provisions of Madhya Pradesh Accommodation Control Act, 1961 (hereinafter shall be referred to as "M.P.A.C Act") do not do not apply on them. Under the resolution of the trust dated 2.5.2012, the plaintiffs have been authorized to take action against the defendant/tenant. It is pleaded that the defendant has raised the construction illegally on the suit premises and also altered the premises without permission of landlord by issuing a notice due to non-payment of rent. The tenancy is admitted, however, seeking eviction with arrears, the suit has been filed.

(3.) The defendant by filing the written statement has denied the registration of the public trust stating that the provision of the M.P.A.C.Act applies on them. The fact regarding alteration and addition of the suit premises has also been denied. In reply to the notice, the tenancy has not been disputed. It was urged by the defendant that the suit may be dismissed because the defendant is regularly paying the rent and has also offered the enhanced rent but the plaintiffs have refused to accept the same. On the aforesaid ground, the suit filed by the plaintiffs was contested by the defendants.