BUDHA Vs. BEDARIYA
LAWS(MPH)-1980-2-18
HIGH COURT OF MADHYA PRADESH
Decided on February 07,1980

BUDHA Appellant
VERSUS
BEDARIYA Respondents


Referred Judgements :-

SHAMBHUDAYAL V. ALIYA BI [REFERRED TO]
HARIHAR BANERJI V. RAMSHASHI ROY [REFERRED TO]
BACHCHA LAL V. LACHMAN [REFERRED TO]
JANKIRAM NARHARI V. DAMODHAR RAM CHANDRA [REFERRED TO]
GIRISH CHANDRA V. KISHORE MOHAN; SHER AFZAL V. MOHANLAL [REFERRED TO]
DARYAOBAI V. SURAJMAL [REFERRED TO]
PUWADA VENKATESWARA RAO VS. CHIDAMANA VENKATA RAMANA [REFERRED TO]
V DHANAPAL CHETTIAR VS. YESODAI AMMAL [REFERRED TO]
BHAGWAN RADHA KISHEN VS. COMMISSIONER OF INCOME TAX [REFERRED TO]
GANGA RAM VS. PHULWATI [REFERRED TO]
SUSHIL KUMAR CHAKRAVARTY VS. GANESH CHANDRA MITRA [REFERRED TO]
MANGILAL VS. REGISTERED FIRM MITTILAL-RADHEYLAL RASTOGI [REFERRED TO]



Cited Judgements :-

D RAMASWAMY VS. P MOHAN BABU [LAWS(APH)-1999-3-25] [REFERRED TO]
CHHINGARAM VS. SUNDERLAL [LAWS(MPH)-1980-8-15] [REFERRED TO]
PRATAP RAGHAV BHAGWAN VS. KRISHNA [LAWS(MPH)-2011-12-44] [REFERRED TO]
PRADEEP SHRIVASTAVA VS. PRATIBHA GOYAL [LAWS(MPH)-2013-8-72] [REFERRED TO]
PANNALAL VS. PUNARAM AND OTHERS [LAWS(RAJ)-1996-11-66] [REFERRED TO]


JUDGEMENT

H.G.Mishra, J. - (1.)This is defendant's second appeal against the judgment and decree dated 94-1975, passed by the Additional District Judge, Morena, confirming the judgment and decree dated 28-6-1974, for ejectment of appellant from the suit house.
(2.)Facts giving rise to this appeal so far as they are material for its decision are as under : The plaintiff-respondent brought the present suit for ejectment under Section 12 (1) (a) of the Madhya Pradesh Accommodation Control Act, 1961 (for short, 'the Act'), on the allegation that the defendant- appellants are his tenants under rent-note dated 15-11-1967, Ex. P1, on a monthly rent of Rs. 20/- in the suit house, situated in Uttampura in the town of Morena. It was further alleged that the defendants were in arrears of rent with effect from 15-11-1967, which they have failed to pay or tender within two months of his forwarding a notice of demand (vide Ex. P. 3) by registered acknowledgement due post No. 192 dated 5-7-1973 which has been returned by them and bears an endorsement of 'refused'. This suit was instituted on 310-1973, wherein a decree for arrears of rent, ejectment and mesne profits have been claimed.
(3.)The defendant-appellants resisted the suit, inter alia, on the ground that (i) the defendants are Jatavas and are as such, entitled to the benefit of the provisions of Section 7 of the Madhya Pradesh Anusuchit Jati Avam An us uc hit Janjati Rini Sahayata Adhiniyam, 1967 (Act No. 12 of 1967), (hereinafter referred to as 'the Adhiniyam'); and that (ii) the ground under Section 12 (1) (a) of the Act is not available to the plaintiff-respondent, (iii) and that the plaintiff is not entitled to a decree for ejectment or arrears of rent and mesne profits.


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