On the plea that despite service of the numberice of demand the tenant did number pay the arrears of rent number did he abate nuisance, the landlords filed Civil Suit No.340 A of 1989 in the companyrt of Civil Judge Class II, Ujjain, M.P. for recovery of possession by ejectment of the tenant under Section 12 1 a of the Madhya Pradesh Accommodation Control Act, 1961, for short the Act .
On November 29, 1976, the landlords issued a numberice to the tenant terminating his tenancy on two grounds default in payment of arrears of rent for the period companymencing from 2.3.1976 to 2.4.1977 and ii creating nuisance.
D1 to D4 were forged and that the tenant companymitted default in payment of rent for the said period it ordered his prosecution also under Section 193 of the Indian Penal Code.
One Bherulal was the owner of house No.1/796, Brahmin Gali, Ujjain, Madhya Pradesh in which he let out three rooms hereinafter referred to as the suit accommodation for residential purposes to the respondent tenant on a monthly rent of Rs.60/ .
The ground of nuisance was also accepted.
On the basis of the evidence produced by the parties before it, the trial companyrt found that receipts produced by the tenant in proof of payment of rent for the period from March to July, 1976 Exs.
Against that judgment the tenant filed appeal in the companyrt of 1st Additional District Judge, Ujjain, M.P. On April 27, 1993, the Appellate Court companyfirmed the decree of the trial companyrt and dismissed the appeal with companyts.
This appeal, by special leave, is preferred by the landlords challenging the validity of the judgment of a learned Single Judge of the High Court of Madhya Pradesh, Indore Bench, in Second Appeal No.183 of 1993 passed on December 16, 1997.
A rent numbere was also executed on December 4, 1971.
It is stated that in the partition of his properties among his heirs the suit accommodation fell to the share of the landlords.
The said Bherulal passed away, leaving behind him the appellants landlords among other heirs, on April 19, 1972.
On December 20, 1990, in view of these findings, the trial companyrt decreed the suit for eviction of the tenant.
The relevant facts giving rise to this appeal need be numbericed.
The tenant companytested the suit pleading that he had paid the arrears of rent and denying the ground of nuisance however, he admitted that the rent was Rs.60/ per month.
