STATE OF MADHYA PRADESH Vs. PRADIP KUMAR

JUDGEMENT

(1.) THIS is an appeal by the defendant against whom decree has been passed for eviction from the suit-house and also for mesne profits. There is cross-objection also of the plaintiffs in regard to costs not awarded by the trial Court.

(2.) PLAINTIFFS, twosome, brothers, claimed that they had purchased the suit property from defendant No. 3, Gyanchand Palta, by registered sale-deed dated 22-4-1975. Defendant No. 2, Shivpratap Singh, was impleaded because in the sale-deed it was stated that tenants were in possession of the house and they had been inducted by the mortgagee who was none else than late Raja Brijendra Singh predecessor-in-interest of Shivpratap Singh. It is not disputed that the suit-house is situating in Guna town and it is also not disputed that Madhya Pradesh Accommodation Control Act, 1961, for short, the Act, is in force there. However, plaintiffs based their suit not on any of the statutory grounds contemplated under the Act, but on the ground that the lessor having ceased to have interest in the suit property on redemption of that, the lease of defendant No. l came to an end. Indeed, prior to institution of the suit, the plaintiffs served notice dated 27-5-1975 under Section 80, Civil Procedure Code on defendant No. l, Ex. P/3, claiming that on 23-4-1975 the said Shivpratap Singh had executed a registered deed of redemption in favour of Gyanchand Palta and the owner had thereafter executed in their favour the registered sale-deed in virtue of which they became entitled to recovery of possession of the suit house from the lessees, namely, Collector, Guna and District Education Officer, Guna.

(3.) THE suit was contested only by State, impleaded as defendant No. l, while Shivpratap Singh, defendant No. 2, gave his evidence only to support plaintiffs' case without filing any written statement. Defendant No. 3, Gyanchand, did not contest the suit and was also not examined.