JALNA CONSUMERS CO-OPERATIVE SOCIETY Vs. HIRALAL GIRDHARILAL

JUDGEMENT

(1.) This is an application in revision against an order passed by the Assistant Judge, Aurangabad, upholding the decision of the Rent Controller that notice is necessary before relief can be obtained by a landlord of possession of property under the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954. The few facts necessary for the disposal of this point, which arises in all these matters, are the following :

(2.) The Jalna Consumers' Co-operative Society purchased the property in dispute on July 21, 1961. On October 2, 1961 a notice was given by the petitioners to the respondent-tenant informing him that the petitioners had become the purchasers of the suit property and that, therefore he should go on paying the rent to them. In this notice a claim was also made by the petitioners that as they required the property for their personal occupation, the tenant should quit.

(3.) By his reply dated October 16, 1961, the respondent refused to attorn on the ground that he had received no intimation from the owner of the transfer in favour of the petitioners. The matters remained at that stage for a period of about 15 months. On January 7, 1963 the instant suit was filed a claiming possession from the respondent on the ground that the property was required for personal occupation; that it was also required for reconstruction of the property and that the respondent had committed defaults in payment of rent for a period between January 16, 1962 and January 2, 1963; the default being wilful the plaintiffs were entitled to possession.