MAHESH KUMAR RAWAT Vs. LALLUSINGH

JUDGEMENT

(1.) This appeal by appellant/tenant is directed against the judgment and decree dated 31.01.2012 passed by IV Additional District Judge, Ujjain in Civil Suit No.12-A/10, decreeing the suit of the plaintiff on the ground of arrears of rent under Section 12(1) (a) of M.P. Accommodation Control Act, 1961.

(2.) The appellant present in person submits that there is no arrears of rent. In fact, some advance rent has been deposited with the respondent/land lady.

(3.) Per contra, Shri Vyas, learned counsel for the respondents submits that appellant is a rank defaulter. There is arrears of rent with effect from 01.02.2016. The appellant/tenant had also committed default during pendencey of this suit. The Court below has dealt with the issue of 'arrears of rent' in detailed in para 10 of the impugned judgment found there is arrears of rent to the tune of Rs.23,000/-. Learned counsel for further submits that default of rent as found by the trial Court cannot be allowed to be cured by the appellant during the appellate proceedings as held by the Hon'ble Supreme Court in the case of Ashok Kumar Mishra and another v. Goverdhan Bhai (D) Thr. LRs. and another AIR 2017 SC 1819. Under such circumstances, the decree passed by the trial Court cannot be faulted with.