RAHUL @ RITESH NARAYAN Vs. SAROJ HUKMANI

JUDGEMENT

(1.) Heard on the question of admission. The appellant/defendant has filed the present appeal being aggrieved by judgment and decree dated 06.04.2017 passed by the Ist Civil Judge, Class-II, Ujjain whereby the suit has been decreed under Section 12(1)(a) of the M.P. Accommodation Control Act (hereinafter referred to as the "Adhiniyam, 1961") and the same has been affirmed by the XI Additional District Judge, Ujjain by dismissing the regular civil appeal no.10-A/2017 by judgment and decree dated 20.03.2018.

(2.) The facts of the case in short are that the respondent (hereinafter referred to as "plaintiff") is owner of house No.NW.04, Sethi Nagar, Ujjain (hereinafter referred to as "accommodation") filed a suit for ejectment, arrears of rent under Section 12(1)(a) and 12(1)(e) of the Adhiniyam, 1961. According to the plaintiff she is owner of the accommodation which was given to the defendant on rent of Rs.2,200/- per month. The tenancy commenced on 05.04.2010. As per the terms of agreement the electricity and water charges were liable to be paid by the defendant. On 17.02.2013, the defendant paid the electricity and water charges payable from 15.01.2013 to 14.02.2013. Thereafter, he stopped paying the same. He created some nuisance for which the plaintiff lodged a report in the Police Station. By notice dated 15.06.2014, she terminated the tenancy. She has further pleaded that at present she is residing in the accommodation provided by the Vikram University, but now her son is interested in higher education and the condition of the quarter is not sound, therefore, she want to shift in her own house for which she is entitled for decree of eviction.

(3.) The defendant filed written statement denying the claim made by the plaintiff. He took the accommodation on rent on 16.10.2009. The tenancy was oral and agreed rent was Rs.2,200/- per month. The electricity charges were payable by the defendant, but the water charges were payable by the plaintiff. He paid Rs.10,000/- as advance in the presence of one Jeevan Ambani. The plaintiff agreed to sell the said accommodation to the defendant in the month of April, 2011 for total consideration of Rs.7,51,000/- and out of which, he paid Rs.2,00,000/- in advance and he was always ready and willing to pay the balance amount for the sale of the said accommodation.