Mishra, J. -- 1. The appeal has been preferred by the defendants aggrieved by judgment and decree dated 23.3.2004 passed by I Additional District Judge, Bhopal in Civil Suit No.47-A/2003.

2. The plaintiff-respondent filed the instant suit for ejectment of defendants-tenants on the ground of arrears of rent and for mesne profits. Defendants also tiled a counter claim for declaring the agreement dated 31.7.1999 to be void, further relief was sought that rent at the rate of Rs.900/- per month could be recovered by the plaintiff.

3. The plaintiff averred that the suit premises were given on 31.7.1999 for four months at the rate of Rs.20,000/- per month and thereafter the rent was to be Rs.30,000/- per month. It was also agreed that there would be 40 beds and on increase of 10 beds, rent was to be enhanced by Rs.750/-per bed, and in case number of beds reduces below 40, rent was to be reduced accordingly at the rate of Rs.750/- per bed. Initially the hospital was started with 40 beds, thereafter number of beds were increased to 100, however the defendants failed to pay the rent regularly, inspite of notice arrears of rent were not paid nor the accommodation was vacated, the amount