BHAGWANDAS DALCHAND Vs. PARMA KALUA

JUDGEMENT

(1.) THIS is a second appeal filed against the judgment and decree dated 15 -3 -77 palled by first Additional District Judge, Gwalior in Civil Appeal No. 11 of 1977 which was filed against the Judgment and decree paned by Civil Judge, Class II, Gwalior in Civil Suit No. 27 -A of 1973 passed on 18 -4 -75.

(2.) THE plaintiff appellant filed a suit for eviction against defendant -respondent on the ground that the defendant is a tenant of plaintiff and the defendant has failed to pay the rent in spite of a notice given to him demanding the rent. The suit is filed under Section 12 (1) (a) of the M.P. Accommodation Control Act.

(3.) IN the suit, the defence is that the plaintiff is not a landlord and the sale -deed is a sham document. It was denied that any notice was given by the plaintiff and as such, the suit should be dismissed. The trial Court after taking evidence Come to the conclusion that the defendant is the landlord, the house is sold by the defendant to the plaintiff which is evidenced by the sale -deed (Ex. P -1), that the defendant has executed a rent note as alleged by the plaintiff in the plaint and the defendant has not paid the amount within the statutory period allowed by M.P. Accommodation Control Act for him to pay the rent. The trial Court also held that the notice is received by the defendant and therefore as the plaintiff has proved the ground under section 12(1) (a) of the M.P. Accommodation Control Act, the suit was decreed against that, the defendant preferred an appeal. The appellate Court allowed the appeal partly and maintained the decree as tar as arrears of rent and means profits are concerned. But dismissed the decree for eviction saying that the notice is not valid against that judgment and decree, the present appeal is filed.