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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
G.S.AHLUWALIA
Anil Kumar Kushwah – Appellant
Versus
Anil Kumar Gupta – Respondent
JUDGMENT :
G.S.AHLUWALIA, J.
This second appeal under Section 100 of CPC has been filed th against the judgment and decree dated 30/03/2010 passed by 10 Additional District Judge (Fast Track Court), Gwalior, in Civil Appeal Nos. 1-A/2010 and 2-A/2010 arising out of the judgment and decree th dated 31/07/2009 passed by 8 Civil Judge, Class-II, Gwalior, in Civil Suit No. 21-A/2009.
2. Appellant is the plaintiff who has lost his case from both the Courts below.
3. The facts necessary for disposal of present appeal, in short, are that appellant/plaintiff filed a suit for eviction as well as for recovery of arrears of rent on the ground that he is the owner of a house situated in front of office of INTAK, Tansen Road, Hajira, Gwalior, whose Municipal Corporation No. is 114 and is situated in Ward No. 15. Defendant/respondent was inducted as a tenant of one room situated in the said building on 17/10/2001 on a monthly rent of Rs. 500/- with additional charges of Rs. 125/- for electricity consumption, i.e., total amount of Rs. 625/- per month. Respondent/defendant is using the said room as his office. The tenancy is from 17th of every month till 16th of the succeeding month. Since plaintiff h
A tenant's failure to communicate rent deposits and respond to rent demands constitutes default, justifying eviction under the Bombay Rent Act.
Landlords must demonstrate bona fide requirements for eviction under the M.P. Accommodation Control Act; non-use of premises for six months provides grounds for eviction.
The burden of proof to establish subtenancy is on the landlord, and the court may affirm an eviction decree if the landlord successfully demonstrates the creation of subtenancy.
A tenant in default for over six months without disputing the rent is subject to eviction under Section 12(3)(a) of the Bombay Rent Act.
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