Non-compliance with a court order to deposit rent arrears and failure to adhere to the payment schedule under Section 13(1) of the M.P. Accommodation Control Act, 1961, warrants eviction, as even a single default under Section 12(1)(a) is sufficient.

J U D G M E N T

This second appeal has been preferred by the appellant/ plaintiff/landlord challenging the judgment and decree dated 31.07.2006 passed by Additional District Judge, Sohagpur, District Hoshangabad, in Regular Civil Appeal No.36-A/2005 affirming the judgment and decree dated 18.08.2005 passed by Civil Judge Class-I, Pipariya in Civil Suit No. 30-A/1991, whereby both the Courts below have concurrently dismissed the appellant/plaintiff’s suit for eviction filed on the grounds available under Section 12 (1)(a)&(g) of the M.P. Accommodation Control Act, 1961 (in short “the Act”).

In short, the facts are that the respondent/defendant is a tenant of the plaintiff/appellant in the suit house on rent of Rs.300/- per month, who was in arrears of rent w.e.f. 15.07.1980 and did not pay despite service of notice of demand. It is also the case of plaintiff that the suit house being old and dilapidated, has become unsafe/unfit for human habitation and is required for carrying out repairs, which cannot be carried out without the same being vacated. On inter alia allegations, the suit was filed seeking eviction and recovery of arrears of rent.

The defendant appeared and filed written statement denying the plaint allegations and contended that the defendant is not in arrears of rent and the suit house is not bonafidely required for carrying out repairs. On inter alia contentions, the defendant prayed for dismissal of the suit.

On the basis of pleadings of the parties, Trial Court framed issues and recorded evidence of the parties. The plaintiff in support of his case examined Dev Kishan Das (PW-1), Hari Shankar (PW-2) and Shiv Kumar (PW-3). Since the defendant did not appear, therefore, his case for evidence was closed, however Trial Court vide judgment and decree dated 16.05.1996 dismissed the suit by holding that statement of the plaintiff’s witnesses cannot be read in evidence.

Upon filing civil appeal by the plaintiff, First Appellate Court in absence of any rebuttal evidence, decreed the suit vide judgment and decree dated 28.10.1999 by holding that statement of the plaintiff’s witnesses may be read in evidence.

Against the judgment and decree passed by First Appellate Court, the defendant preferred Second Appeal No.1447/1999 which was heard and decided on 27.01.2005 by holding that in absence of cross-examination, statement of plaintiff’s witnesses cannot be read in evidence. Even though the judgment and decree passed by First Appellate Court was set aside by this Court in the second appeal, but suit was remanded for further proceedings on following conditions, which are necessary to be considered for the decision of instant second appeal :-

“6. The suit seeking eviction under Section 12(1)(a)(g) of the Act was filed on 6.4.88. The defendant/appellant filed the written statement of half a page denying the contents of plaint para 1 to 13. The defendant/appellant on several occasions was proceeded exparte and got the order set aside. He remained in arrears with effect from 6.4.88. As per the order sheet dated 7.2.96, the rent at the rate Rs.300/- per month was accepted. The defendant/appellant was directed to deposit Rs.28,200/-, arrears for the period from 6.4.88 to 6.2.96 and further to deposit monthly rent at the rate Rs.300/- per month. Defendant/appellant did not comply with the order. As such, he is in arrears from 6.4.88.

7. Consequently, the appeal is allowed. Setting aside the judgment- decree passed by court below, suit is remanded for further proceeding on following conditions :-

(i) Parties shall appear before the Civil Judge concerned positively on 28.2.05 and produce a certified copy of this judgment.

(ii) Defendant/appellant shall deposit Rs.28,200/- and further sum at the rate Rs.300/- per month from 6.2.96 within a period of two months time from today. For non-payment of arrears aforesaid, the Civil Judge shall straightway pass, a decree seeking eviction and arr