MP HC | Appeal in tenancy matter dismissed in absence  of substantial question of law

Madhya Pradesh High Court: This second appeal was filed before the Bench of Vivek Rusia, J., by appellant against the judgment and decree passed by 11th Additional District Judge, Indore whereby appeal was partly allowed while affirming the judgment and decree passed under Section 12 (1)(a) of M.P. Accommodation Control Act, 1961 and setting aside the Judgment and decree passed by 12th Civil Judge, Class-II Indore in respect of Section 12(1)(f) of the Act.

Petitioner submitted that in this case, there was no written tenancy agreement between the plaintiff and defendant. According to the plaintiff, he had given the suit accommodation to the defendant in the year 1978 only for two months for a temporary purpose, but after two months, he failed to vacate it. Plaintiff had filed the suit in the year 1981 and no rent receipts on record were present. Hence, the trial Court fixed the provisional rent at Rs 100  per month. Thus, plaintiff pleaded the suit to be maintainable. Whereas respondent contended that due to the defect in the notice, the suit was not maintainable and the decree was not sustainable in the eye of law. The issue before the Court was whether the decree under Section 12(1)(a) of the Act of 1961 is sustainable.

High Court viewed that this petition was maintainable in the lights of the conclusion drawn that once the non-payment of rent is established, then the Court has no option but to pass a decree on the ground contemplated under Section 12(1)(a) of the Act of 1961 but since no substantial question of law was found this appeal was dismissed. [Vasudev v. Bhagwanti Bai, 2019 SCC OnLine MP 687, decided on 11-04-2019]

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