GOPALDAS Vs. RAJESH

JUDGEMENT

(1.) THIS appeal is filed by the tenant challenging judgment and decree dated 29-1-1999 passed by Third Additional District Judge, Vidisha in Civil Appeal No. 3-A/96, whereby the First Appellate Court has confirmed the judgment and decree dated 8-4-1996 passed by Second Civil Judge Class-II, Vidisha in Civil Suit No. 1-A/94.

(2.) THE briefs facts of the case are that the respondent-plaintiff filed the present suit for ejectment against the appellants-tenants alleging that 'dharmshala' is situated namely Kashiram Biharilal Saraf Dharmshala, which is a registered trust. There is a room in the 'dharmshala' in a round shape which the defendant is a tenant paying rent at the rate of Rs. 30/- per month. The tenancy starts from first of the month. The said premises were let to the defendant for non-residential purpose.

(3.) IN the plaint, it is alleged that plaintiff requires the suit accommodation for the office of manager and no other suitable accommodation is available for that purpose. It is alleged that the manager will sit in the office and manage the record and documents of the trust. The said room is near on the front gate of the 'dharmshala' and therefore no suitable accommodation is available for the said purpose. It is alleged that the defendant was arrears of rent. According to the plaintiff, the rent was due from 1-11-1982. A notice demanding arrears of rent was sent on 21-2-1983 and was served on the defendant on 24-2-1983. It is alleged that even after service of notice, the defendant neither paid nor tendered the arrears of rent, hence the present suit was filed for ejectment on the ground of Section 12 (1) (a), 12 (1) (f) and 12 (1) (b) of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act') and some other grounds.