M.K. Mudgal, J. - (1.)HEARD on the question of admission.
(2.)BEING aggrieved by the judgment and decree dated 11.3.2008 passed by I Addl. District Judge, Katni, District Katni, in Civil Appeal No. 6 -A/2007, confirming the judgment and decree dated 1.12.2005 passed by II Civil Judge Class II, Mudwara, District Katni, in Civil Suit No. 23 -A/1997, decreeing the suit filed by the plaintiff seeking eviction on the ground under section 12(1)(a) and (d) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as "the Act"), this appeal under section 100 C.P.C. has been preferred by the defendant tenant.
The plaintiff suit in brief was that he is the owner of the house situated in Azad Chowk, Katni, wherein the defendant is tenant at the rate of Rs. 500/ - per month. The defendant has not paid the rent w.e.f. January, 1996 till August, 1997, despite demand made in this regard. Even after service of the notice, the rent has not been paid. It is also stated that the suit shop has been closed and not in use since January, 1996, as the defendant has started a shop at Narsinghpur and doing his business having residence therein. As the ground with respect to section 12(1)(f) of the Act has been negatived by the trial Court as well as by the appellate court, therefore, the pleadings to that effect are not being referred.

(3.)THE defendant by filing written statement has denied service of notice on him inter alia contending that he is not in arrears of rent. The plea taken regarding closure of the suit shop not having its use by him has also been denied since last preceding six months from the date of filing of the suit. However, it is urged that the suit filed by the plaintiff may be dismissed.