PYARELAL Vs. RAMDAYAL

JUDGEMENT

(1.) THIS is a plaintiff's second appeal against the judgment and decree dated the 30th of July, 1959 passed by the District Judge Gwalior in Civil First Appeal No. 31 of 1959 whereby he set aside the decree dated the 23rd of February, 1959 of the Court of the Civil Judge Second Class Gwalior in Civil Original Suit No. 497 of 1957.

(2.) THE facts material for the purpose of the present appeal may be stated as follows : The plaintiff and his brother Dhaniram on 6 -11 -1950 jointly purchased a house, the ground -floor of which was occupied by the defendant Ramdayal as a tenant of the previous owner. By an agreement dated 31 -12 -1950 the defendant attorned in favour of the plaintiff and his brother Dhaniram agreeing to vacate the rented premises before the end of August 1951. The defendant having failed to vacate the premises according to his promise, a suit (Civil Original suit No. 337 of 1952) was filed against him by the present appellant and his brother Dhaniram for ejectment and arrears of rent. This suit was on Second appeal finally dismissed by the High Court on 28 -8 -1957. The defendant on the other hand applied to the Rent Controller for the rent being standardised, and the same was fixed by the latter at Rs. 93/ - per annum.

(3.) THE plaintiff on 5 -9 -1957 served the tenant with a notice demanding arrears of rent on pain of ejectment and vacant possession of the shop on the ground that it was needed by the plaintiff for starting his own business therein. The defendant having failed to vacate the shop, as also to pay the demanded rent, the suit, out of which the present appeal arises, was filed on 16 -10 -1957 for ejectment, arrears of rent for a period of 3 years prior to the 1st of Oct., 1957 and damages at the rate of Rs. 2/ - per diem from 1 -10 -1957 till the date of the suit.