KRISHNA KUMAR Vs. MAHESH BHATIA

JUDGEMENT

(1.) The present Second Appeal is arising out of the judgment and decree dated 08. 07. 2016 passed by the XIV Additional District Judge, Indore in Regular Civil Appeal No. 35/2015. The appellate Court has reversed the judgment and decree dated 18. 02. 2014 passed by the XIII Civil Judge, Class - I, Indore in Civil Suit No. 9-A/2011.

(2.) The facts of the case reveal that the plaintiff before the trial Court has filed a civil suit for eviction of the present appellant in respect of House No. 20-A, Sector-C, Scheme No. 71 stating that he is owner of a hospital and in the basement of the hospital, Room No. 1 was given on rent in the year 2001 to the defendant for operating a canteen.

(3.) It was further stated in the plaint that rent of the premises is Rs. 1,250/- and the defendant has not paid rent after 01. 09. 2009. The arrears of the rent were claimed amounting to Rs. 22,500/-. It was also stated by the plaintiff that the defendant has obtained an electricity connection in respect of the canteen in question and the electricity bills were not paid in respect of the connection. A raid was conducted by the Madhya Pradesh Electricity Board on 18. 12. 2010 and as the plaintiff was the owner of the premises, he was slapped with a bill of Rs. 2,80,822/-. The entire electricity of the hospital was disconnected and the plaintiff left with no other choice, paid the amount to the Electricity Board.