KANHAIYALAL Vs. GOVINDRAM BIRDICHAND JOSHI

JUDGEMENT

(1.) This is a second appeal filed by the appellant-defendant against the judgment and decree dated 19-12-1984 passed by the Addl. Judge to the Court of the District Judge, Indore in C.A. No.6-A/ 84 affirming the judgment and decree passed by the VIth Civil Judge Class II, Indore in Civil Suit No. 371-A/77 dated 16-8-79 whereby the plaintiff's suit for eviction has been decreed on the ground of default in payment of arrears of rent under S.12(1)(a) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the Act).

(2.) The facts giving rise to this appeal; briefly stated, are as follows:- It is not disputed that the appellant-defendant has been a tenant in the suit-shop belonging to the respondent-plaintiff on a monthly rent of Rs. 25/-. The plaintiff served a notice dated 9-7-77 (Ex. P/3) on the defendant terminating his tenancy of the suit shop with effect from 31-8-77 on the ground of bona fide requirement under S.12(1)(0 of the Act as also on the ground of default of payment of rent under S.12(l)(a) of the Act and claimed possession of the suit-shop and the arrears of rent due from 1-4-77 which the defendant had not paid in spite of demand. The defendant did not comply with the notice and instead asserted in his reply (Ex. P/4) to the notice that he had paid the rent for the months of April, May and June, 1977 in a lump sum in the presence of one Siyaram Yadav and alleged that the plaintiff had not given a receipt of payment made by the defendant.

(3.) The plaintiff, then filed the instant suit on 10-10-77 claiming eviction on the grounds under Ss.12(1)(f) and 12(1)(a) of the Act and arrears of rent from 1-4-77 the date of termination of tenancy and mesne profits from 1-9-77 to 9-10-77 at the rate of rent. The defendant resisted the suit and averred in the written statement that he had paid the rent for the months of April, May and June, 1977.