LAWS(MPH)-2020-2-157

SURESH Vs. SHIVKUMAR

Decided On February 18, 2020
SURESH Appellant
V/S
SHIVKUMAR Respondents

JUDGEMENT

(1.) Heard on admission.

(2.) By this second appeal u/S.100 of the CPC, defendant tenant has challenged the concurrent judgments of the two courts below. Trial court by the judgment dated 27/1/2014 had passed the decree of eviction on the ground of arrears of rent u/S.12(1)(a) and sub-letting u/S.12(1)(b) of the M.P. Accommodation Control Act and the first appellate court by the judgment dated 7th April, 2018 has affirmed the decree of eviction passed u/S.12(1)(b) of the Act.

(3.) The respondent landlord had filed the suit for eviction with the plea that the suit shop was let out by the respondent to the appellant on the monthly rent of Rs.300/- and that the appellant had committed default in payment of rent and had sub-let the suit shop to one Ganesh Sharma and had parted with the possession of the suit shop with the tenant and inspite of the notice dated 3/7/2009 he had neither paid the rent nor vacated the suit premises.