SMT. SAVTRI DEVI Vs. KANHAIYA

JUDGEMENT

(1.) This is a plaintiff's second appeal in a suit for possession over a piece of land after removal of the construction raised thereon by the defendant-respondent and recovery of Rs. 33/- as arrears of rent and pendente lite and future damages for the use and occupation of land at the rate of Rs. 11/- per year. This was suit decreed by the trial Court but the lower appellate Court reversed the same and dismissed the suit.

(2.) The following are the facts - According to the plaintiff the defendant and his mother took the land from the plaintiff on 28th July, 1942 for one year and agreed to pay the annual rent of Rs. 11/- regularly every month. The transaction was witnessed by a rent note dated 28th July, 1942. The defendant had constructed a Kacha house on the said land with the plaintiff's permission and was living in it. The rent was not paid from 28th July, 1961, in spite of repeated demands hence the plaintiff terminated the defendant's tenancy by notice dated 29th August, 1964. The defendant did not vacate and deliver possession to the plaintiff nor did he pay the rent in arrears hence the suit.

(3.) According to the defendant, the land was taken in the year 1937 from the plaintiff's father under a registered lease by the defendant's mother along with certain other persons. It was pleaded that the suit was not maintainable in the absence of the other co-lessees; and the service of a valid notice under Section 106 of the Transfer of Property Act, was also denied. The defendant further pleaded that after the abolition of the Zamindari in the urban areas he had become the owner of the land as the bhumidhar thereof.