MADANLAL Vs. GOPAL SINGH

JUDGEMENT

(1.) This is an appeal filed by the appellants (hereinafter referred to as "the defendants") against the judgment and decree dated 31.12.2013 passed by 14th Additional District Judge, Indore in Civil SuitNo.87-A/2011 under section 12(1)(a) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as "the Act of 1961" for short).

(2.) The respondent (hereinafter referred to as "the plaintiff) is the owner of House No. 1009, Khatiwala Tank, Indore comprising of one hall, two rooms, kitchen, Lat. and Bath, (hereinafter referred to as 'suit accommodation') who filed the civil suit for eviction on the ground of arrears of rent and mesne profit against the defendants.

(3.) As per pleadings in the plaint, the plaintiff gave the suit accommodation' to the defendant No.1 Late Madanlal and another on a monthly rent of Rs. 1,200/- excluding electricity and water charges with the condition that the defendants would bear the electricity and water charges. According to the plaintiff, the defendant was not depositing the water charges in the Municipal Corporation and irregular in payment of rent to him. Despite making various demands, when they refused to pay the arrears of rent, then vide notice dated 21.6.2010 he has terminated the tenancy of the defendants w.e.f. midnight of 31.7.2010. Original defendants received the notice on 24.6.2010. After serving the aforesaid legal notice, the plaintiff filed the civil suit for eviction on the ground of default in payment of rent w.e.f. 1.3.2003. He has calculated the arrears of rent to be recovered at Rs.40,800/-with a mesne profit of Rs.2,400/- in total 57,600/-.