SARASWATI SHISHU MANDIR Vs. PRAHLAD DAS AGRAWAL

JUDGEMENT

(1.) THIS is defendant's first appeal under Section 96 of CPC arising out of judgment and decree dated 3.11.1995 passed by learned First Additional District Judge, Bhopal in Civil Suit No. 19- A/1985 decreeing the suit of plaintiffs/respondents on the ground envisaged under Section 12(1)(b) of the M.P. Accommodation Control Act, 1961 (for short, the Act of 1961).

(2.) INTERALIA on other grounds the plaintiff has filed a suit for eviction of the suit premises by taking aid of Section 12(1)(b) of the Act of 1961 alleging that the defendant without permission of the plaintiffs has parted with the possession of the two rooms of the first floor of the tenanted accommodation and has sub-let or assigned them to the Institution known as "Saraswati Vidya Pratisthan" which is a registered Society having its registration number 17195. According to the plaint averments, one Sheetal Prasad Tiwari as a Secretary of Saraswati Shishu Mandir, registration no. 998 took the suit accommodation on tenancy basis for Rs. 100/- per month on 15.7.1969. Later on the monthly rent was enhanced and on the date of the filing of the suit which is 1.4.1985, the monthly rent was Rs. 500/-. In the rent note it has been stated that the suit accommodation has been taken by Saraswati Shishu Mandir which is a registered Institution and runs a School. Since in the two rooms of first floor "Saraswati Vidya Prathisthan" has been inducted as sub-tenant or the possession has been parted to said Institution, therefore, the defendant is liable to be evicted from the suit premises.

(3.) I have heard Shri R.S. Tiwari, learned Advocate for the appellant and Shri M.L. Jaiswal, learned Senior Advocate with Shri K.K. Gautam, Advocate for the respondents and having heard them, I am of the view that this appeal deserves to be dismissed.