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SANJAY DWIVEDI
Sanjeev Alias Kailash – Appellant
Versus
Shyam Manohar – Respondent
JUDGMENT
1. This appeal has been filed under Section 100 of the Code of Civil Procedure by the appellant/defendant against the judgment and decree dated 14.08.2006 passed in Civil Appeal No. 32-A/2006 arising out of the judgment and decree dated 24.12.2003 passed in Civil Suit No. 21-A/1997 whereby the appellate court has set aside the judgment and decree granted under Section 12(1)(a) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act of 1961'), but, decreed the suit on the ground of Section 12(1)(c) of the Act of 1961.
2. The facts in brief are that the respondent No.1/Plaintiff filed a suit against the appellant/defendant and also against respondent Nos. 2 and 3 seeking decree of ejectment on the grounds that they were his tenants and not paid rent since October, 1994 and, therefore, they were in arrears of rent since October, 1994 to 1997 and further that they illegally constructed the toilet without consent of the respondent/plaintiff. The suit was registered as Civil Suit No. 21-A/1997 in the Court of Civil Judge Class II Seoni Malwa.
3. The plaintiff claimed himself to be the landlord of the house No. 4 situated at Ward No. 8, Seoni Malwa in which
The court established that in eviction proceedings under the Bombay Rent Act, the landlord's title is irrelevant; only the landlord-tenant relationship needs to be proven.
The main legal point established in the judgment is the court's reliance on admissions made by the tenant in the written statement to grant possession to the landlord, in accordance with Order XII Ru....
The case established the importance of evidence in establishing the relationship of landlord and tenant, and the liability for non-payment of rent under the Bihar Building (Lease, Rent & Eviction) Co....
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