S.P. Srivastava, J.

1. Heard the learned counsel for the plaintiff-appellant as well as the learned counsel representing the defendants-respondents.

2. Perused the record.

3. The plaintiff-appellant had filed a suit being Original Civil Suit No. 28-A of 1984 against Kamarlal Soni praying for a decree of his eviction from the premises in dispute which was under his tenancy and further a decree for recovery of arrears of rent and damages for use and occupation. The aforesaid suit had been filed on the grounds envisaged under Sections 12 (1) (a) and 12 (1) (o) of the M.P. Accommodation Control Act. The plaintiff had alleged that the defendant, Kamarlal, had defaulted in the payment of rent for the period subsequent to 31-10-1981.

4. The trial Court on an appraisal of oral and documentary evidence brought on record came to the conclusion that relationship of landlord and tenant existed between the plaintiff and the defendant and the premises in dispute had been let out to the defendant at a rental of Rs. 40/- per month. The trial Court further, came to the conclusion that the defendant had failed to prove that any amount of rent due for the period subsequent to 1-11-1981 had been p