LAXMAN MAROTRAO NAVAKHARE Vs. KESHAVRAO

JUDGEMENT

(1.) The defendant in a suit for eviction is the appellant before this Court. The suit plot was let out to the appellant as a monthly tenant for an automobile garage, The plaintiff-respondent (hereinafter referred to as "the respondent") issued a notice on 10-7-1975 determining the lease in favour of the appellant with effect from 31-7-1975. Later the suit in question was filed. As the suit premises had not been let out for residential purposes, it was an admitted position that the Central Provinces and Berar Letting Of Houses and Rent Control Order, 1949 was not applicable.

(2.) The Trial Court dismissed the said suit on a finding that as the appellant was using the suit premises for manufacturing purposes, a six months' notice was required before the lease could be determined and as the notice issued to the appellant under S. 106 of the Transfer of Property Act (hereinafter referred as "the Act") had purported to determine the tenancy with 15 days'. notice, the suit in question could not have been filed. On appeal being filed on behalf of the respondent, the Assistant Judge came to the conclusion that the premises in question had not been let out for any manufacturing purpose but for a motor workshop and as such the notice under S. 106 of the Act was valid and the respondent was entitled to the possession of the plot in dispute. The second appeal filed on behalf of the appellant was dismissed in limine by the High Court saying that no substantial question of law was involved.

(3.) Before this Court the finding recorded by the court of appeal below and affirmed by the High Court that the respondent was entitled to a decree for possession and the appellant was liable to be evicted was not questioned. A new stand was taken on behalf of the appellant, that in view of the subsequent events the aforesaid decree of eviction passed against the appellant cannot be given effect to. It was pointed out that by C.P. and Berar Letting of Houses and Rent Control (Second Amendment) Order, 1989 a new clause 13A has been introduced in the said Order. The new clause 13A is as follows: