KASTUR CHAND JAIN Vs. KESHRI SINGH

JUDGEMENT

(1.) Appellant/plaintiff filed this second appeal under Section 100 of CPC against the judgment and decree dated 30/4/2009 passed by Second Additional District Judge, Vidisha in Civil Appeal No. 9-A/2008 affirming the judgment and decree dated 16/10/2007 passed by First Additional Civil Judge, Class-I, Vidisha in Civil Suit No. 197-A/2007.

(2.) Briefly stated facts of the case are that appellant /plaintiff (represented through LR) instituted a suit for eviction and arrears of rent on the grounds available under Section 12 (1) of the M.P. Accommodation Control Act, 1961 (for short "Act of 1961") against the defendant/respondent/tenant on the allegations that plaintiff is owner and possessor of a house situate at Chandrashekhar Marg, Ward No. 30, Vidisha and the defendant is his tenant in four rooms at ground floor on monthly rent of Rs. 250/-. It is alleged that defendant does not pay rent on time and not paid rent due against him since 1/4/2004 in spite of making demand and has paid rent up to 30/11/2004, after service of notice but did not pay the entire arrears of rent.

(3.) It is further alleged in the plaint that defendant constructed a house on a plot owned and possessed by him, situate at Sagar Road, opposite Chungi Naka, Vidisha and started restaurant in half of the area of the building and in remaining half of the portion, instead of using it for his residence, inducted a tenant namely Chandu. Despite notice, defendant did not vacate the tenanted accommodation, therefore, suit has been preferred. The allegations were apparently in respect of grounds available under Section 12(1)(a) and (i) of the Act of 1961.