MOTILAL DAMJI Vs. CHAMPABAI MANIKCHAND

JUDGEMENT

(1.) THIS appeal is by the defendants against the decree dated 11 -12 -1958, passed by Shri D.P. Tiwari, First Additional District Judge, Raipur, in Civil Appeal No. 2 -A of 1957, arising out of the decree dated 14 -12 -1956, passed by Shri A.M. Dalani, Civil Judge, Mahasamund, in Civil Suit No. 13 -A of 1956.

(2.) THE appellants were tenants of the original landlord, Seth Hanutmal who is father of the respondent. The agreed rent of the premises was Rs. 50 per month. By a registered gift deed dated 23 -3 -1945 (Ex. P -1), Seth Hanutmal gifted the suit house in favour of his daughter, the present respondent.

(3.) IN reply to the respondent's notice terminating the tenancy, the present appellants sent a reply notice dated 4 -1 -1956 (Ex. P -2), denying the gift in favour of Smt. Champabai, as also her title to the suit property. They alleged that the original owner Seth Hanutmal was still their landlord and that they were not bound to pay any rent to Smt. Champabai. In their written statement filed in the Court, the appellants reiterated their allegations and denied the title of Smt. Champabai to the suit house and also her status as their landlord.