RAJENDRA KUMAR RATHORE Vs. SUNDERLAL

JUDGEMENT

(1.) THIS appeal under Section 100 C. P. C. has been directed against the judgment and decree dated 2-2-93 by Second Additional District Judge, Raipur in Civil Appeal No. 25-A/87 affirming the judgment and decree dated 10-11-87 by Fourth Civil Judge, Class-II, Raipur in Civil Suit No. 60-A/86 decreeing the suit under Order 8 Rule 10 C. P. C. in favour of the plaintiffs/respondents.

(2.) THE original plaintiff Sunderlal, the predecessor of present respondents filed a suit for eviction under Section 12 (1) (a) of the M. P. Accommodation Control Act, 1961 (hereinafter mentioned as the 'act' for short) for eviction of the defendant/appellant from the suit premises, bearing Municipal house No. 15/552 situate at Malviya Road, Raipur. It was alleged that the house was let out by the original plaintiff Sunderlal to the defendant/appellant on a monthly rent of Rs. 210/ -. The defendant did not pay rent from 1-4-85 to 30-9-86. Hence, a demand-cum-quit notice dated 16-8-86 demanding the arrears and terminating the tenancy of the defendant/appellant on the expiry of 30-9-86 was sent, which was served on the defendant/appellant on 28-8-86. He failed to pay rent within two months after the receipt of notice, hence the suit for eviction and recovery of arrears of rent, mesne profit, etc. , was filed.

(3.) THE Trial Court granted the defendant opportunities to file written statement. On his failure to comply, a decree under Order 8 Rule 10 C. P. C. was passed by the Trial Court. The defendant preferred appeal against the said judgment and decree, which has been dismissed by the impugned judgment.