RAM NARAIN Vs. BENJI

JUDGEMENT

(1.) THIS second appeal arises out of a suit for ejectment.

(2.) PLAINTIFF Ram Narayan sued the defendant Benji for ejectment and arrears of rent. The claim for ejectment was based on two grounds, (1) that he needed the premises for his own use within the meaning of Section 4 (g) of the Madhya Bharat Sthan Niyantran Vidhan and (2) that the defendant failed to pay the arrears of rent in spite of service of notice making a demand for the areas.

(3.) THE trial court found that the plaintiff has failed to prove that he was in genuine need of the premises in question for his own use within the meaning of Section 4 (g) of the Act, He further found that the rent agreed to between the parties was not Rs 20 p.m. but it was only Rs 15 p.m. The arrears therefore, according to him, were not Rs. 380 as demanded by the plaintiff but they amounted only to Rs. 285. He held that the plaintiff had given a notice to the defendant making a demand of arrears of rent and that the defendant had failed to pay the arrears. He therefore granted a decree for areas of rent amounting to Rs. 285 and also for ejectment.