Research › Search › Judgment

Madhya Pradesh High Court · body

2015 DIGILAW 221 (MP)

Prasanna Kumar v. Sanjay Kumar

2015-02-23

ROHIT ARYA

body2015
ORDER 1. This appeal by defendant/tenant is directed against the judgment and decree dated 2.5.2014 in Civil Appeal No.8-A/2009 confirming the judgment and decree passed by the trial Court on 28.2.2009 in Civil Suit No.144-A/2008. Plaintiff/landlord’s suit for eviction has been decreed with further relief of payment of arrears of rent from March, 2003 at the rate of Rs.900/- per month up-till the date of delivery of possession. 2. For want of notification under section 1(3) of the M.P. Accommodation Control Act in relation to the area covering Chanderi for applicability of the M.P. Accommodation Control Act, the Courts below have held that the provisions of M.P. Accommodation Control Act is not applicable to the instant case. There is no challenge to this finding by defendant/tenant. Consequently, the plaintiff/landlord is not required to establish grounds of eviction as contemplated under the aforesaid Act and could file a suit for eviction of the tenant provided a notice under section 106 of the Transfer of Property Act has been served upon the defendant terminating tenancy and seeking eviction. Besides, the tenancy is established. In the instant case, plaintiff issued a registered notice dated 29.10.2003 for termination of tenancy from 30.11.2003 calling upon the defendant/tenant to vacate the premises and pay arrears of rent. The aforesaid notice was refused by defendant as per the endorsement on the envelop and thereafter neither the suit premises was vacated nor arrears of rent was paid, therefore, the instant suit was filed on the premise that the defendant/tenant is occupying three rooms and kitchen on the second floor of the house owned by plaintiff (hereinafter referred to as the suit property). Tenancy had begun from 1.10.2002 for eleven months on rent at the rate of Rs.900/- per month. The rent agreement was executed on the said date in presence of witnesses. Plaintiff/landlord require the premises for his own use. Defendant had stopped paying rent from February, 2003. That apart, the defendant use to create nuisance, hurl abuses and behave in an unruly manner causing mental agony and disturbance to the plaintiff’s family members. 3. Defendant filed written statement denying the plaint allegations in toto to the extent of denying ownership right of plaintiff, rent agreement and arrears of rent. 4. Based on aforesaid pleadings, the trial Court framed issues and allowed the parties to lead evidence. 3. Defendant filed written statement denying the plaint allegations in toto to the extent of denying ownership right of plaintiff, rent agreement and arrears of rent. 4. Based on aforesaid pleadings, the trial Court framed issues and allowed the parties to lead evidence. Upon critical evaluation of evidence, trial Court decreed the suit as indicated above. The first appellate Court, on appeal, has addressed on six questions mentioned in para 10 of the judgment and elaborately dealt with the contentions advanced by the defendant/tenant by detailed judgment with due advertence to the evidence brought on record and relevant provisions of the Transfer of Property Act as well as Evidence Act. Consequently, the first appellate Court has confirmed the judgment and decree passed by the trial Court. 5. Having gone through the judgment and decree passed by the Courts below, this Court is of the view that both the Courts below have recorded pure finding of facts concurrently. The entire gamut of the matter is in the realm of facts. No question of law much less substantial question of law arises warranting interference under section 100 CPC. However, before parting with the appeal, as prayed at the end of argument by the counsel for appellant/tenant that some time may be granted for vacating the suit premises as defendant/tenant’s family consisting of his wife and small children are residing in the suit premises and children are required to appear in the forthcoming examination, six months’ period is granted to continue with the suit premises as tenant on the condition of payment of monthly rent regularly in the first week of every following month and entire arrears of rent ordered by the trial Court from March, 2003 up-till now at the rate of Rs.900/- per month within a period of two months from today, failing which the landlord/plaintiff shall be at liberty to execute the decree. 6. If the appellant/defendant complies with the aforesaid conditions, though he may continue as a tenant to the suit premises, but shall not create either third party right or cause any alteration or destruction to the suit premises. Immediately after completion of six months from today, i.e. on 23.8.2015 he shall handover peaceful possession to the landlord/plaintiff. 7. The landlord/plaintiff is also held entitled to seek police protection if need/occasion so arises in the matter of seeking eviction. S. S. Kushwah for appellant.