ABDE ALI TURAB ALI Vs. HAJI ABDUL JALIL

JUDGEMENT

(1.) THE applicant who is the plaintiff has challenged the judgment of the learned IInd Additional Judge, Small Causes Court, Nagpur, who has dismissed the claim of the applicant -plaintiff for possession of the suit property.

(2.) THE facts are that the applicant -plaintiff is the owner of the suit property which was given on lease to one Haji Chhotemiya. The applicant -plaintiff filed an application under Clauses 13(3)(v) and (vi) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 (for short the Rent Control Order) seeking permission of the Rent Controller to give quit notice to the aforesaid tenant in respect of the suit property. The learned Rent Controller granted him permission on 11.10.1976. The order of the learned Rent Controller was challenged in appeal before the learned Rent Control Appellate Authority which maintained the permission granted to the applicant -plaintiff. During the pendency of the said appeal the above tenant had died and his legal representatives were, therefore, brought on record in the said proceedings.

(3.) AFTER the permission was granted originally by the learned Rent Controller by his order dated 11.10.1976 the applicant -plaintiff gave a quit notice dated 1.11.1976 to the original tenant Haji Chhotemiya. However, after the expiry of the period of the above notice dt. 11.11.1976 the applicant -plaintiff did not file the suit for possession immediately since in the meanwhile the aforesaid original tenant Haji Chhotemiya has filed an appeal before the learned Rent Control Appellate Authority against the order of the learned Rent Controller granting permission to the applicant -plaintiff to give quit notice to him. He then actually filed the suit for ejectment, arrears of rent and mesne profits against him after the decision in appeal i.e. on 4.11.1978 registered as Civil Suit No. 2358 of 1978. However, when it came to his notice in the proceedings in the said suit that his aforesaid original tenant Haji Chhotemiya had already died on 3.3.1978, which fact is not in dispute between the parties, i.e. prior to the institution of the suit against him, he withdrew the said suit on 26.7.1979.