MAKHAN LAL Vs. CHANDRAVATI

JUDGEMENT

(1.) THIS is a defendant's appeal arising out of a suit for possession and recovery of Rs. 2201 by way of damages for use and occupation at the rate of Rs. 30 per month. The suit was based on title and the defendants were alleged to be trespassers. The defence was that they were tenants and could not be ejected without a valid notice under Section 106, T. P. Act terminating their tenancy.

(2.) THE facts giving rise to the suit were as follows:-

(3.) THE defence delivered was that the suit against Behari Lal having been dismissed by this Court, the notice given to Behari Lal exhausted itself and was ineffective in law; and since a fresh suit against Behari Lal could not be filed without terminating his tenancy a fresh suit against the appellant could likewise not lie without terminating his tenancy. Both the courts below have decreed the suit for possession and recovery of damages on the finding that the defendants were trespassers and liable to ejectment from the premises. The trial court decreed the damages at the rate of Rs. 50 per month while the lower appellate court has modified that part by awarding Rs.30 per month.