DEOKOO BAI Vs. KESHARI CHAND GANESHLAL JAIN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 4-5-1984, passed in Civil Appeal No. 66-A of 1981 by the Court of First Additional Judge to the Court of District Judge, Chhindwara (arising out of Civil Suit No. 61-A of 1979, decided on 27-1-1981 by the Court of First Civil Judge (Class II), Chhindwara), whereby the judgment of dismissal of the suit has been reversed and the plaintiffs suit is decreed.

(2.) THE undisputed facts of the case are that the defendant No. 1 Deokoobai had executed the sale-deed (Ex. P-1), on 16-9-1969. The house in dispute is situated on Nazul Block No. 27, Plots Nos. 101/1 and 101/2, area 730 Sqr. ft. , with an open land bearing Khasra No. 482, area 0. 22 acre. The plaintiff had filed a suit against the defendant No. 2 Annarao for recovery of rent, which was dismissed and confirmed in appeal also.

(3.) THE plaintiffs case, in brief, is that he purchased the suit property for a consideration of Rs. 3,000/- from defendant No. 1 Deokoobai, vide sale-deed dated 16-9-1969 (Ex. P-1 ). The same house was given on rent to the defendant No. 2 Annarao, who was living with Deokoobai (defendant No. l ). The defendants cooperated in the mutation proceedings. However, they failed to pay rent, in spite of service of notice on them, as also failed to deliver possession of the suit house to the plaintiff.