BABULAL Vs. HARSH CHAND AND OTHERS

JUDGEMENT

(1.) Present second appeal is arising out of the judgment dated 27.03.1997 passed by the Civil Judge, Class-II in civil suit No.423A/87. The second appeal is also arising out of the judgment dated 13.01.1999 passed by the appellate court in Regular Appeal No.110/1997 by the learned II-Additional District Judge, Indore.

(2.) Facts of the case reveal that the plaintiff came up before the trial court by filing a civil suit for eviction taking shelter of the statutory provisions as contained under the M.P. Accommodation Control Act, 1951. The eviction was sought by the defendant on the ground mentioned under Section 12 (1)(A) and Section 12 (1)(e) of the Act. It was stated in the plaint that the plaintiff's father Late Govind Prasad was exclusively title holder of the property and he expired on 21.05.1984. Thereafter, the plaintiff being son of Late Govind Prasad became owner of the property and Late Govind Prasad during his life time rented his house at a monthly rent of Rs.12/- .

(3.) It was stated in the plaint that as the defendant was not paying the rent regularly, Late Govind Prasad served a notice on 03.08.1983 upon the defendant and as rent was not paid, a civil suit was preferred by Late Govind Prasad and the same was registered as civil suit No.23/76. It was filed before the Civil Judge, Class-II, Indore and re-numbered as 116/77. It was dismissed in default on account of strike by the advocates.