RAMESHWAR PRASAD Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THE present appeal arises out of the judgment and decree dated 25 -9 -1984, passed by Shri S. K. Tiwari, Additional Judge to the Court of District Judge, Sagar, in Civil Appeal No. 41 -A of 1984 arising out of the judgment and decree dated 23 -12 -1983, passed by the Second Civil Judge, Class II, Sagar, in Civil Suit No. 72 -A of 1974.

(2.) THE Municipal Corporation, Sagar, had filed a Civil Suit for ejectment against the appellant on the ground that the appellant was tenant in the suit premises at the rate of Rs. 5/ - per month. The appellant has failed to pay arrears of rent. The premises were also in a dilapidated condition. The suit property was an evacuee property belonging to an evacuee and the said property was purchased by the respondent Corporation in an auction from the Central Government under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter called the 1954 Act). In the alternative, it was submitted that in case it is found that the appellant was not a tenant, the suit for ejectment should be decreed on the basis of title.

(3.) THE trial Court held that the respondent Corporation is the owner of the suit premises. It was earlier an evacuee property belonging to the Central Government. The appellant was not a tenant but a licensee. But it was held that the lease of the appellant has been validly terminated and the house is in good condition. It was further held that the suit premises cannot be repaired unless it is vacated by the appellant. The appellant was, therefore, ordered to vacate the premises with a direction to pay the licence fee to the respondent at the rate of Rs. 5/ - per month till he vacates. Thus the suit was decreed.