THAKURMAL RAMUNMAL ISINCE Vs. CHAKRADHAR RAO BHOSLE

JUDGEMENT

(1.) LEGAL representatives of the deceased tenant Thakurmal have preferred this second appeal against the judgment and decree dated 29-2-1996 passed by the Additional District Judge, Baloda bazar (henceforth 'the lower appellate Court')in Civil Appeal No. 111-A/91 affirming the judgment and decree for eviction of the tenant passed by the Civil Judge Class-II, baloda Bazar (henceforth 'the trial Court')in Civil Suit No. 52-A/84 on 6-9-1985.

(2.) ADMITTEDLY, Shankar Rao Bhosle, who died in 1974, had inducted Thakurmal sindhi as a tenant over a house situated near Old Bus Stand Simga, Tahsil Baloda bazar, District Raipur (henceforth 'the suit house') on a monthly rent of Rs. 10/ -. The tenancy was monthly commencing on the first day of every English Calendar month. Provisions of Madhya Pradesh Accommodation Control Act 1961 did not apply to the suit house. On death of Shankar Rao Bhosle in March, 1974, the suit house fell to the share of Chakradhar Rao Bhosle in a mutual partition with his brother Raghupat Rao bhosle. Chakradhar Rao Bhosle served a registered notice dated 2-4-1984 Ex. P. 1 on thakurmal Sindhi for terminating the tenancy with the expiry of tenancy in April, 1984 and seeking eviction from the suit house and arrears of rent since May 1981 to April, 1984 with damages which was returned unserved with the remarks "out of station-refused".

(3.) THE tenant Thakurmal Sindhi resisted the suit and averred that Shankar Rao bhosle had on 1-7-1972 agreed to sell the suit house to him and had, after receiving an advance of Rs. 600/-, executed a receipt ex. D-l on 1-7-1972 in his favour. In this manner, from 1-7-1972 he was in possession of the suit house as owner. Relationship of landlord and tenant never existed between the plaintiff Chakradhar Rao Bhosle and the defendant Thakurmal Sindhi. Shankar Rao Bhosle could not execute a registered sale-deed in favour of Thakurmal sindhi because of illness. After the death of shankar Rao Bhosle in 1974, Thakurmal sindhi requested Raghupat Rao Bhosle to execute a sale-deed in his favour, which was denied.