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JUDGMENT

Syed Shah Mohammed Quadri, J.-Leave is granted.

2. This appeal is from the judgment and order of the High Court ,of Judicature of Madhya Pradesh, Jabalpur Bench at Gwalior, decreeing the suit of the landlord against the tenant, by allowing the Second Appeal No. 18 of 1993 on May 4, 2000.

3. The appellants are the legal representatives of the original tenant, late Kanwar Lal Soni (referred to in this judgment as, the tenant ) and the respondents are the successors-in-interest of the landlord, late Madho Lal Basant Lal (hereinafter referred to as, the landlord ). The tenant obtained premises No. 83 situated at Agra-Mumbai Road, Shivpuri (M.P.) (hereinafter referred to as, the suit accommodation ) from the landlord on rent of Rs. 30/- p.m. which was later enhanced to Rs. 40/- p.m. The landlord filed the suit (Civil Suit No.63-A/86) in the court of Second Civil Judge, Class II, Shivpuri, against the tenant for eviction of the suit accommodation on two grounds: (i) default in payment of rent of Rs. 1080/- and claiming total sum of Rs. 1210/-, said to be due, from the tenant - under Section 12(1)(a) and (ii) encroachment on a portion of land not let to him and raising constr