KANHAIYALAL BIDI CO Vs. SARVJANIK WACHANALYA AVAM PUSHTAKALAYA

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This appeal has been preferred by the tenant against a decree granted for eviction by the Courts below in concurrent manner.

(3.) It is further stated that Ex. P-4 and Ex.P-5 are executed by different tenants and present common suit in respect of both the premises is not maintainable. According to learned counsel, Ex.P-4 was executed by Manager Bhagwanlal of M/s. Kanhaiyalal Bidi Company, Bhopal whereas another rent note Ex.P-5 was executed by Ramesh Giri, tenant of the plaintiff. IT is found from the material on record that Ramesh Giri was none else than the Manager of defendant/company, which is revealed in Ex.P/6. In this letter, Ramesh Giri as Manager of S.Kanhaiyalal Bidi Company, had consented to the plaintiff for enhancement of rent. Thus, the subject-matter of rent in Ex.P/4 as well as Ex.P/5 are found in occupation of defendant/appellant and the factual scenario being common, common suit for eviction by the plaintiff is quite maintainable, more so, when the provisions of the Transfer ofProperty Act would govern the situation and the provisions of the M.P. Accommodation Control Act are not applicable.