SHANKAR PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal under section 96 of Civil Procedure Code has been filed by the plaintiffs against the judgment and decree dated 10-10-1995 passed by learned 3rd Additional District Judge, Satna in Civil Suit No. 9-B/1994 whereby the suit of the plaintiffs for realizing rent has been partly decreed.

(2.) BRIEFLY stated the suit of the plaintiff is that firm M/s Shankar Properties, Satna is being owned by Shankar Prasad, Smt. Parmawati and Yogesh Kumar who are husband, wife and son respectively. They have been arrayed as plaintiffs 1 to 3. In Khasra No. 512/1 and 512/2 area measuring 0.809 hectare has been recorded in the name of Shankar Properties. The description of the suit property has been mentioned in para 2 of the plaint. According to the plaintiffs on the said land they constructed a structure of godown and the said godown was being given on tenancy basis. The plaintiffs and defendant No. 4 entered into a contract of tenancy in the year 1991 and rent RS. 1.50 lac yearly was fixed for one year. The tenancy commenced from 1-5-1991 and was to be ended on 30-4-1992 because season year of Tendu leaves commenced from 1-5-1991 to 30-4-1992. After obtaining the godown in question on tenancy basis by the defendants they were keeping Tendu leaves in it and a document of rent note was executed which in original is with the defendants. Further it has been pleaded by the plaintiffs that it was agreed that the defendants shall be free to obtain the godown on tenancy basis in future also.

(3.) IT is the further case of the plaintiffs that despite oral requests were made by them, the defendants did not pay the rent for the period July, 1991 to 30-4-1992 and therefore plaintiffs are entitled to recover following amount:-_ <IMG>JUDGEMENT_232_MPLJ4_2012IMAGE1.jpg</IMG> The plaintiffs also sent notice through their counsel on 26-3-1992 and 28-6-1993 but by their reply dated 7-7-1992 the defendants denied to pay any amount and therefore present suit has been filed by the plaintiffs.