KANTI MISHRA Vs. RAJENDRA SHANKAR SHUKLA

JUDGEMENT

(1.) This second appeal under Section 100 of the Code of Civil Procedure, 1908 has been preferred by the defendants challenging the concurring judgment and decree of eviction on different grounds enumerated under Section 12 of the Chhattisgarh Accommodation Control Act, 1961 (for short 'the Act, 1961').

(2.) The original plaintiff - Brijrani, Widow of Lalloo preferred the suit on 14-11-1971 i.e. about 48 years ago, on the pleadings that the defendant No.1 - Tulsiram, S/o Ayodhya Prasad Tiwari was occupying plaintiffs two open plots situated at Hospital Ward, Tahsil & District Raipur, as detailed in the plaint schedule map as tenant for yearly rent of Rs.700/- for which lease was granted by Pandit Ramnarayan Dixit and plaintiff's husband Lalloo Prasad Dixit, both sons of Mohanlal Dixit by registered lease deed dated 14-10-1946. The lease was for a period of 25 years from 1-1-1946 to 31-10-1971. Lalloo Prasad died in the year 1946 whereas Ramnarayan died in 1959 leaving the plaintiff as the sole surviving heir to succeed the property. The defendant No.1 thus became tenant of the plaintiff and he has been paying the rent to the plaintiff. The defendant No.1 did not pay rent for the period from 1-11-1970 to 31-10-1971, therefore, the lease stands terminated after the said date, but the defendant No.1 did not deliver the vacant possession rendering his possession wrongful.

(3.) It was pleaded that despite the provisions of the Chhattisgarh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (for short 'the Act, 1950'). The suit property having not vested in the State the original plaintiff's brother and brother-in-law continued to own the property. The suit land having situated in Mahal No.2, Raipur, over which plaintiff, which term includes is predecessors, had no proprietary interest, there was no question of vesting of property in the State due to the Act, 1950.