NAWALMAL Vs. TOTARAM

JUDGEMENT

(1.) THIS in a defendants Second Appeal against the judgment and decree dated the 20th of April, 1959 passed by the Second Addl. District Judge, Gwalior whereby he reversed the judgment and decree passed by the Civil Judge First Class Gwalior in Civil Suit No. 84 of 1958.

(2.) THE suit out of which the present appeal arises was for ejectment and rent in respect of a shop which the plaintiff had purchased on 16 -1 -1957 at an auction -sale and which was at that time in the occupation of the defendant as a tenant. The sale was confirmed on 3 -7 -1957 and on 8 -11 -1957 the plaintiff served a notice on the defendant requiring him to vacate the premises under his occupancy, at the termination of the month of tenancy which was current on the 16th day of the receipt of the notice. The plaintiff stated that he needed the premises for his requirements.

(3.) THE only question which falls for consideration in the present appeal is whether the defendant is entitled to be treated as a tenant holding over, after the expiry of the term of the tenancy which was for a fixed term of 11 months ending on 31 -7 -1957. The contention of the learned counsel for the appellant is that inasmuch as the plaintiff had demanded rent for the entire period and had described the defendant in the plaint as a tenant, he should be treated as a tenant holding over.