GANGARAM ALIAS GANGADHAR NATHULAL Vs. SHRIKRISHNADAS MUNNALAL

JUDGEMENT

(1.) THIS Second Appeal filed by the plaintiffs/landlord (hereinafter called, the plaintiffs) against the judgment and decree dated 14-3-1985 reversing the judgment and decree of the trial Court in plaintiffs' favour was by order dated 19-9-1985 admitted for final hearing on the following substantial questions of law arising for decision in the appeal: "1. Whether on facts and in the circumstances of the case, the Court below erred in holding that the plaintiffs' suit was barred by limitation?

(2.) WHETHER on facts and in the circumstances of the case, the Court below erred in holding that the plaintiffs had failed to make out a case for eviction on the grounds specified in Section 12 (1) (e) (g) and (h) of the Madhya Pradesh Accommodation Control Act, 1961?

(3.) WHETHER on the facts and in the circumstances of the case, the Court below erred in rejecting an application filed under Order 41, Rule 27 Civil Procedure Code submitted by the plaintiffs?" The plaintiffs' case is that by registered sale-deed dated 20-10-1954 they purchased from one Jagannath s/o Shyamlal, the house No. 12 in Ward No. 4, Gandhi Marg in main market, Biaora whose boundaries are described in para 2 of the plaint and obtained possession of the same. Defendant's father Munnalal was tenant of portion marked with red letters A, B, C, D from the earlier owner (hereinafter called, 'the suit-accommodation' ). After plaintiffs purchased the house defendant's father Munnalal recognized plaintiffs as landlord and agreed to pay yearly rent of Rs. 40/ -. Munnalal died on 5-2-1963 and defendant is his only son. The defendant was joint with Munnalal and after his death is living in the suit-accommodation along with members of his family. Munnalal himself paid yearly rent till 9-7-1955 and for the period 10-7-1955 to 9-8-1964 rent was sent to the plaintiffs by money orders either by Munnalal or the defendant himself. 3. Plaintiffs further submit that earlier defendant's father Munnalal paid rent to plaintiffs calculated on monthly basis commencing from 10th of English Calendar ending with 9th of the succeeding month. On this basis plaintiffs had on 8-3-1956 served a notice on defendant's father Munnalal calling upon him to vacate the suit-accommodation, which was received by defendant's father Munnalal on 12-3-1956. By reply dated 3-4-1956 Munnalal stated that tenancy was not monthly but yearly and the yearly rent was Rs. 40/ -.