RADHA AGRAWAL Vs. PRADEEP KUMAR AGRAWAL

JUDGEMENT

(1.) This second appeal by the defendants/appellants is directed against the judgment and decree dated 31.10.2012 passed in Regular Civil Appeal No. 23- A/2012 by 2nd Addl. District Judge, Hoshangabad, M.P., arising out of judgment and decree dated 17.11.2008 passed in Civil Suit No. 207-A/2008 by Civl Judge, Class-I, Seoni-Malwa, District-Hoshangabad.

(2.) Briefly stated the facts are that plaintiff/respondent instituted a civil suit seeking eviction of the defendant/appellant from the suit premises on the ground of arrears of rent, bona fide requirement and for repair/construction of demised premises on 15.04.2002.

(3.) It is an admitted fact that the plaintiff and defendant/Ajeet Kumar Agrawal (since deceased) were real brothers and the suit premises was given on rent at the rate of Rs.550 per month in the year 1993 to the defendant. According to the plaintiff, the defendant was in arrears of rent since April, 1997, hence, a registered notice dated 16.01.2002 terminating the tenancy with effect from 31.01.2002 was sent which was replied to by the defendant/appellant by letter dated 06.02.2002. However, despite notice neither the suit premises was vacated nor the arrears of rent was paid.