TRIBHUVANSHANKAR Vs. AMRUTLAL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, is from the judgment and order of the High Court of Madhya Pradesh, Bench at Indore, in Second Appeal No. 33 of 1995 passed on 8.2.2008.

(3.) The appellant-plaintiff instituted Civil Suit No. 259A/86 in the Court of Civil Judge Class-II, Mhow, District Indore, for eviction of the respondent-defendant from the suit-premises and for mesne profits. The case of the appellant-plaintiff was that he had purchased the suit property vide registered sale deed dated 1.4.1976 on payment of sale consideration of Rs.4500/- to the vendor, one Kishanlal. The respondent-defendant was in possession of the said suit property as a tenant under the earlier owner Kishorilal on payment of rent of Rs.15/- per month. It was averred in the plaint that it was an oral tenancy and after acquiring the title the appellant informed the respondent about the sale by the earlier owner. Despite assurance given by the respondent to pay the rent to him, it was not honoured which compelled the appellant to send a notice on 14.12.1977 and, eventually, he terminated the tenancy with effect from 31.1.1978. The respondent, as pleaded, had replied to the notice stating, inter alia, that the appellant was neither the landlord nor the owner of the property. On the contrary, it was stated in the reply that the respondent was the owner of the premises.