THAKKAR ISHWARLAL HARGOVANDAS Vs. PANCHAL GIRDHARLAL RAICHAND

JUDGEMENT

(1.) The plaintiff filed the present suit against the defendant for recovering possession of an open plot of land on the ground that he reasonably and bona fide required it for erecting a new structure for occupation by his son. The suit premises are an open plot of land admeasuring 1400 square feet and are situate at Deesa. They were let out to the defendant on July 1 1958 at a monthly rent of Rs. 3.00. The defendant has been running there a coal depot. The defendant by his written statement contended that the statutory notice served upon him by the plaintiff was invalid because he was an yearly tenant of the plaintiff in respect of the suit land that the plaintiff had waived that notice by acceptance of rent and that therefore he could not maintain the suit. On merits he contended that the plaintiff has got a permanent accommodation elsewhere and that therefore he does not reasonably and bona fide require the suit land for any purpose. The learned trial Judge upheld the plaintiffs case on merits but held that by acceptance of rent the plaintiff had waived the statutory notice and the cause of action which accrued to him thereunder. He therefore dismissed the suit.

(2.) The plaintiff appealed to the District Court against the decree passed by the learned trial Judge. The learned District Judge held that the cause of action which accrued to the plaintiff was not waived by him by acceptance of rent from the defendant. He confirmed the other finding recorded by the learned trial Judge. He therefore allowed the apple reversed the decree passed by the learned trial Judge and passed in favour of the plaintiff decree for possession.

(3.) It is that appellate decree which is challenged by the defendant in this Civil Revision Application.