BHAGWANDAS PARSADILAL Vs. SURAJMAL

JUDGEMENT

(1.) This is a defendant's Second Appeal against the judgment and decree dated the 12th of October, 1960 passed by the Addl. District Judge Gwalior, in Civil Appeal No. 57-A of 1960.

(2.) The facts giving rise to the suit out of which the present appeal arises axe that the present appellant entered into an agreement on 9-3-1956 for purchase of the house in dispute for a sum of Rs. 4500/- from its owner Babulal. Surajmal and Kanhaiyalal with prior knowledge of this agreement purchased the said house on 7-4-1956 from Babulal for a Sum of Rs. 6000/- under a registered deed. The defendant was at the time of the sale occupying a shop forming part of the said house on a rent of Rs. 12/-/- p.m. On 26-5-1956 the present respondents served a registered notice on the defendant demanding arrears of rent from 7-4-1956. This notice was followed by another dated 9-7-1956 terminating the defendant's tenancy with effect from the 7th of September, 1956 or in the alternative from 10-9-1956. This notice also contained a demand for the arrears of rent. The defendant thereupon filed a suit against the plaintiffs and their predecessor-in-title Babulal for specific performance of the contract dated 9-31956 with Babulal for the purchase of the house, of which the suit accommodation forms a part. The plaintiffs on the other hand filed the present suit on 25-9-1956 for eviction of the defendant from the premises under his occupation.

(3.) The defendant contended, inter alia, that the plaintiffs were purchasers of the house in question with notice of his prior contract with Babulal. They were, therefore, according to his contention not entitled to recover any rent from him or to eject him. The defendant further alleged that he had offered to pay the arrears of rent under protest to the plaintiffs but the latter did not accept the offer. He, therefore, contended that the suit was not maintainable.