NOOR MOHAMMAD Vs. JIYALAL

JUDGEMENT

(1.) This appeal, by the plaintiff, is directed against a decree of the IInd Additional District Judge, Bhopal dated 23rd July, 1965, affirming the judgment and decree of the IInd Civil Judge, Class II, Bhopal, dated 17th July 1964.

(2.) The relevant facts are these. The parties stand in the relation of landlord and tenant. The plaintiff sought eviction of the defendant under section 12(1)(a) and (e) of the Madhya Pradesh Accommodation Control Act, 1961, alleging that he was in arrears with the rent from 1st May, 1962 to 30th April 1963, had not paid the same, and that he was in genuine requirement of the suit house for his own residence. The suit was instituted on 22nd July 1963, and the defandant is apparently still in arrears. The defendant disputed both the grounds pleaded. As regards the arrears, it was alleged that he had deposited Rs. 276.00 on 29th Jan., 1963 but due to a mistake on his part, the amount was deposited in the nazart in civil suit no. 8.A of 1961, when it was intended to be deposited in civil suit no. 107-A of 1962. The alleged need for residence was stated not to be bona fide. The trial court held that the defendant was not arrears of rent on the date of institution of the suit, and that the plaintiff was not in genuine requirement of the premises for residential purposes, and there-fore, dismissed the plaintiff's suit for eviction. That decision has been affirmed on both the grounds in appeal.

(3.) One of the objections, raised by the learned counsel appearing on behalf of the requirement is that there has been no compliance with any of the requirements of section 13 (1), and, therefore, a decree for eviction must follow, on the ground mentioned in section 12 (1)(a). The contention has to be accepted for the reasons I shall presently state. The defendant was admittedly in arrears of rent from 1st May 1962 to 30th April 1963. When he was served with a notice of demand and remitted the arrears within two months of its service, as required under Sec. 12 (1) (a). The alleged deposit of Rs. 276.00 in the nozrat in civil suit no. 8-A of 1961 deposited on 29th Jan. 1963, was not in pursuance of the notice because it was subsequently issued him. Apart from a bare assertion in Para 4 of the written statement, there is no evidence showing such payment. Even if the deposit be taken to clear off the arrears, there is no compliance of other requirements of section 13 (1).