VIPENDRA SINGH Vs. RATANCHANDRA JAIN & ANOTHER

JUDGEMENT

(1.) This petition has been filed by the petitioner-defendant Vipendra Singh under Article 227 of the Constitution of India against the order dated 21.11.2019 as also the order dated 03.12.2019 passed in Civil Suit No.41-A/2013 by the 1st Civil Judge Class-II, District Shahdol (M.P.). Vide order dated 21.11.2019 the learned Judge of the trial Court has allowed the application filed by the respondent-plaintiff under Section 13(6) of the M.P. Accommodation Control Act, 1961 (for short 'the AC Act, 1961') and has struck out the defence of the petitioner-defendant on account of non-payment of rent and vide order dated 03.12.2019, the review application of the said order has also been dismissed.

(2.) In brief, the facts of the case are that the father of the petitioner-defendant namely late Narayan Singh came in possession of the disputed premises on rent from its earlier owner Tulsi Maharaj for a monthly rent of Rs.12/- only on 01.05.1960. After the death of Tulsi Maharaj his wife namely Choti Bhagotiya became the owner of the land and she also executed a rent agreement with the petitioner for a sum of Rs.30/- per month.

(3.) It is further the case of the petitioner that the present respondent-plaintiff filed a civil suit under Section 12 (6) of the AC Act, 1961 for eviction and recovery of rent against one Shri Vipendra Singh on 14.07.2008 and on 13.10.2014 an ex-parte decree against the said Vipendra Singh was passed by the learned Judge of the trial Court, the execution proceeding was also initiated by the respondent. However, its notice was affixed on the house of the petitioner and only then he came to know that an ex-parte decree has been passed against him and after obtaining the copy of the judgment and decree dated 13.10.2014, it was observed that the name of the petitioner has been wrongly mentioned in the civil suit, hence, an appeal was filed against the aforesaid judgment dated 13.10.2014 and vide order dated 18.01.2019, the appellate Court allowed the appeal filed by the petitioner and set aside the judgment and decree dated 13.10.2014 and remanded the matter back to the trial Court directing to the respondents to correct the name of the petitioner in the cause title and also imposed a penalty of Rs.3000/- on the petitioner taking note of the conduct of the petitioner.