SOBHARAM SHIVHARE Vs. OM PRAKASH

JUDGEMENT

(1.) A suit for eviction was filed under section 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961. This suit was decreed. Against the decree of eviction, an appeal was preferred by the tenant. The appeal was dismissed. This is second appeal preferred by the unsuccessful tenant.

(2.) THE landlord had come with a plea that the tenant had neither paid the rent nor tendered the whole arrears of rent which were recoverable from him from the date on which a notice for arrears of rent was served on him. The assertion of the landlord was that the appellant/tenant did not pay the rent of the suit with effect from Ist of August, 1975. It was pleaded that a notice as required under the law was served on the tenant.

(3.) IT may be seen that the signature of the tenant on the postal receipts were compared with his admitted signatures by the trial court and it came to the conclusion that the postal receipts do bear the signatures of tenant. In doing so, the trial court rightly followed the procedure as indicated in Fakhruddin v. The State of Madhya Pradesh, (AIR 1967 SC 1326). As such, the finding recorded that the notice was duly served is confirmed.