1. Heard on admission.

2. This appeal is filed by the landlord against the judgment and decree dated 10.10.2006 passed by Eleventh Additional District Judge, Gwalior in Civil Appeal No. 29-A/06, whereby the learned Additional District Judge reversed the judgment and decree of the trial Court and dismissed the suit for ejectment filed under section 12 (1) (a) and (c) of the M.P. Accommodation Control Act, 1961.

3. Learned counsel for appellant has submitted that during the pendency of the suit, there was default in payment of rent by the defendant in the trial Court and, therefore, lower appellate Court has committed error in dismissing the suit of the plaintiff. It is not in dispute that notice for arrears of rent was issued vide Ex. P-3 dated 5.6.1998. The respondent/defendant received notice on 6.6.1998 and, thereafter, he deposited the rent vide Ex. D-48 upto the period May, 1998 on 10.6.1998. The suit was filed on 21.9.1999 and on the date of filing of the suit, there was no arrears of the rent. The respondent has tendered the entire arrears of rent legally recoverable from him within two months from the date of service of notice and the appellant has no cause of action to file suit on the ground of section 12 (1) (a) of the Act nor there was any arrears of rent on 21.1.1999 on the date when the suit was filed and, therefore, the plaintiff has no cause of action to file the suit on the ground of section 12 (1) (a). In such a circumstances, the lower appellate Court has not committed any legal error in dismissing the suit of the plaintiff on the ground under section 12 (1) (a) of the Act.

4. In respect of Section 12 (1) (c) of the Act, the respondent/tenant in para 1 of his written statement very specifically admitted that mother of the plaintiff Smt. Nalini was receiving the rent and he has not denied the title of the plaintiff. PW 1 in para 7 of his statement admitted that rent receipts D5 to D-53 is signed by her mother Nalini. This fact is also admitted by the appellant Sardar alias Jayendra Rao (PW 1) in paras 3, 8;9, 10 and 12 of his statement and, therefore, Courts below have rightly held that no ground for disclaimer of title of landlord by tenant is made out and dismissed the suit for ejectment under section 12 (1 ) (c) of the Act.

5. Considering these facts, the lower appellate Court has not committed any legal error in dismissing the suit of the plaintiff under section 12 (1) (a) and (c) of the M.P. Accommodation Control Act, 1961. No substantial question of law is involved in this appeal. The appeal filed by the appellant has no merit and is accordingly dismissed in limine.