INDERJEET SINGH Vs. MOHD. MUSHTAQ

JUDGEMENT

(1.) The petitioner/defendant has filed the present petition being aggrieved by order dated 29.9.2018 passed by 7th Civil Judge, Class-I, Indore in RCS-A No.27/2017 by which application filed under section 13(2) of M.P. Accommodation Control Act, 1961 (hereinafter, for short, "the Act of 1961") has been allowed and the provisional rent has been fixed at Rs. 8,683.00 per month.

(2.) Respondent/plaintiff has filed the suit for eviction and recovery of arrears of rent against the petitioner/defendant. According to the plaintiff, he is owner of shop No. 7 and 8 situated at House No.36, Kibe Compound, Indore. Vide lease-deed dated 7.7.1988 both the shops were given on rent to the defendant on monthly rent of Rs. 701.00. From time to time, said rent was enhanced as per the terms and conditions of the lease-agreement. The defendant was paying Rs. 4,053.00 and 4,630.00, in total, Rs. 8,683.00 per month for both the shops. He used to pay the rent up to Dec., 2015 and the plaintiff issued receipts - one in the name of Khals Auto Garrage and another in the name of Khalsa Auto Parts respectively. The plaintiff filed the suit for eviction on the ground of bonafide need and default of payment of rent.

(3.) After notice, defendant filed the written statement denying the averments made in the plaint.