SAHIBRAM DHINGRA Vs. SHIVSHANKAR GOYAL

JUDGEMENT

(1.) THIS appeal has been preferred by the defendant/tenant against a decree for eviction granted by the Courts below in concurrent manner under Section 12 (l) (c) o the M. P. Accommodation Control act, 1961.

(2.) PLAINTIFF/respondent instituted a suit in the capacity of power of attorney holder of Bhagwan Das Goyal for eviction and recovery of arrears of rent with allegations that the suit house situated at A-B Road, Kamlaganj, Hanuman Colony shivpuri is owned by the principal (i. e. Bhagwan Das Goyal) which was occupied by the defendant/appellant for residential purpose on rent @ Rs. 250/- p. m. Appellant lastly paid the rent on 06-05 -2004 and obtained receipt therefor, wherein he acknowledged balance of Rs. 4,000/- towards arrears of rent Son of the defendant/appellant, contrary to the purpose of tenancy converted one room of tenanted premises for non-residential purpose and opened a STD/pco Centre with registration No. 07492-503031. The STD/pco dealership was obtained from airtel Company which is revealed in the computerized bill No. 205468243 dated 02-10-04 which was appended to the plaint. Thus, the appellant having committed an act inconsistent with the purpose of tenancy has made himself liable to be evicted under Section 12 (1) (c) of the M. P. Accommodation Control Act. A notice of demand of rent was issued which was not accepted by the defendant and it came back with an endorsement of refusal. However, entire rent was neither paid nor tendered pursuant to the said demand notice.

(3.) THOUGH a ground of subletting/parting with was also taken by the plaintiff respondent, it having been negatived, I do not feel it proper to burden this judgment with the facts pertaining thereto.