JUDGMENT

MUDGAL, J. - The appellant/defendant has filed the appeal under Section 96 of Civil Procedure Code being aggrieved by the judgment and decree dated 22.9.2009 passed by the IVth Additional District Judge, (Fast Track) Guna (Shri Rajiv M. Apte) in Civil Suit No. 57-A of 2009 decreeing the suit filed by the plaintiff for eviction under section 12 (l)(a) M.P. Accommodation Control Act (hereinafter referred as to 'the Act') and for recovery of arrears of rent. In this appeal, the appellant is referred as 'defendant' and respondent as 'plaintiff.

2. The admitted facts are that the appellant/defendant is the tenant in the disputed premises and he is carrying his business in this shop. The plaintiff/respondent filed a suit for his eviction from the tenanted premises and recovery of arrears of rent, which has been decreed in her favour as stated earlier.

3. Facts, in brief, of the plaint are that the suit was filed on behalf of the plaintiff by the plaintiff's son Pradeep Kumar Goyal who was having Power of Attorney against the defendant stating therein that the plaintiff owns a house in Ward No. 17 Nagarpalika, Guna and the appellant/defendant was the tenant of the premises paying re