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2008 DIGILAW 1334 (MP)

Munnibai (d) through L. Rs. v. Urmila

2008-11-17

P.K.JAISWAL

body2008
ORDER 1. This appeal is filed by the tenant against the judgment and decree dated 24.12.2005 passed by the 7th Additional District Judge, Gwalior in Civil Appeal No. 28A/05, whereby the learned Additional District Judge affirmed the judgment and decree of the trial Court by which the suit of the respondent-plaintiff was decreed under section 12 (1) (a) and (e) of the M.P. Accommodation Control Act, 1961 (for short the "Act"). 2. Both the Courts below after appreciation of evidence on record concurrently held that inspite of the order dated 3.11.2000 passed on an application under section 13 (2) of the Act, the appellant failed to pay arrears of rent within a period of one month by 3.12.2000 and thereafter he committed default in paying the rent. Considering this fact, the trial Court decreed the suit of the plaintiff under section 12 (1) (a) of the Act. It is also held that the need of the plaintiff is genuine and he was not having any alternative suitable accommodation for his residential purpose and also granted a decree under section 12 (1) (e) of the Act. 3. In an appeal, the lower appellate Court after appreciating the judgment and decree of the trial Court recorded cogent reasons and dismissed the appeal of the appellant. 4. In view of the concurrent finding of facts recorded by the Courts below, the learned counsel for the appellant prays for two years time to vacate the suit premises. 5. Learned counsel for the respondent opposed the said prayer and stated that the suit has been filed in the year 1997 and 11 years period has been passed and submitted that 3-6 months time is sufficient to vacant the suit premises. 6. Considering the prayer of the learned counsel for the appellant. 5. Learned counsel for the respondent opposed the said prayer and stated that the suit has been filed in the year 1997 and 11 years period has been passed and submitted that 3-6 months time is sufficient to vacant the suit premises. 6. Considering the prayer of the learned counsel for the appellant. I am inclined to grant one and half years time to the appellant to vacate the suit premises subject to the condition that he will not sublet or alienate the property and will deliver the possession of the suit property within one and half years from today and also furnish an undertaking that the appellant shall deliver vacant possesion before the expiry of the period of one and half years from today and pay the rent to the landlord or deposit in the trial Court the arrears of rent, if any due, within eight weeks from today and continue to pay/deposit the monthly rent on or before 15th of each month, in advance, during the said period. The above undertaking should be filed within a period of eight weeks from today before the trial Court. In default of compliance of any of the aforesaid conditions, the landlord will be at liberty to have the decree executed in accordance with law. The appeal is dismissed with the aforesaid.