PRABH UDAYAL Vs. SAVITRI DEVI

JUDGEMENT

(1.) THIS second appeal arises out of a suit between the landlord and tenant for ejectment of the appellant. There is no dispute that the defendant-appellant is a tenant of an open piece of land which was purchased by the plaintiffs-respondents in May 1962. It was let out to the defendant-appellant at Rs. 40/-per month on 10th July 1962. In October 1963 the rent was increased to Rs. 45/ -. On 6th January 1964 a notice Ex. D. 1 was served on the defendant for vacating the land. The landlord got sanction of the municipality for constructing a building upon this land with a plan sanctioned on 7th May 1964. Thereafter rent was increased to Rs. 100/- and a fresh notice for termination of tenancy, dated 16th September 1965, was sent to the defendant which was refused by him on 22nd September 1965. By this notice the tenancy was terminated with effect from 6th November 1965. The suit was decreed by both the Courts below. The only point argued in this Court on behalf of the defendant-appellant is that the required condition under section 12 (1) (n) of the M. P. Accommodation Control Act has not been satisfied in this case and the Courts below were wrong in coming to that conclusion.

(2.) CLAUSE (n) of section 12 (1) is as follows:-

(3.) THE points urged by learned counsel for the appellant were-