GOPAL PRASAD GUPTA Vs. MAHESH PRASAD GUPTA

JUDGEMENT

(1.) This appeal is directed by the appellant/defendant under Section 100 of the CPC being aggrieved by the judgment and decree dated 1.8.03 passed in Civil Appeal No.7-A/03 by XI Addl. District Judge Jabalpur, affirming the judgment and decree dated 26.2.03 passed in Civil Suit No. 180-A/01 by the X Civil Judge, Class II, Jabalpur decreeing the suit of the respondents against him on the ground of arrears of rent under section 12(l)(a) of the M.P. Accommodation Control Act, 1961.

(2.) The facts giving rise to this appeal in short are that the respondents herein filed the suit for eviction against the appellant with respect of a shop situated at House No. 184 (New Number 199) Tularam Chowk, Jabalpur on the available grounds under Section 12(l)(a), 12(l)(c) and 12(l)(d) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as Nthe Act'), the arrears of rent, nuisance and also the premises was kept closed and was not under use for which the appellant was inducted in such premises. As per other averments of the plaint, the aforesaid tenancy was for non-residential purpose at the rate of Rs.150/- per month. The demand notice with respect of arrears of rent was given by the respondents on 14.2.2001 stating that the rent for the period between 1.5.86 to 31.1.2001 has not been paid. Such notice was received back with an endorsement that the same was refused by the appellant. In such premises, the aforesaid suit was filed.

(3.) In the written statement of the appellant/defendant, by admitting the tenancy of the respondants in the disputed house, the grounds of eviction stated in the plaint are denied. It is further stated that the demand notice with respect of the rent has neither been sent nor served on the appellant.