RICHHPAL LAXMINARAYAN Vs. KISHANLAL HEMRAJ

JUDGEMENT

(1.) THIS appeal is by the defendant-tenant against the decree, dated, 4-3-1963, passed by Shri L. P. Gupta, Fourth Additional District Judge, Indore, in Civil regular Appeal No. 15 of 1962, reversing the decree, dated, 30-9-1961 passed by the Third Civil Judge Class II, Indore, in Civil Suit No. 14 of 1960.

(2.) THE appellant was originally the tenant of one, Badri Bhola, who had filed civil suit No. 169 of 1956 for eviction, arrears of rent and damages for use and occupation in the Court of the City Civil Judge Class, II Indore on the ground of genuine need of residence, as also on the ground of default in payment of arrears of rent despite a notice of demand. That suit was dismissed except for arrears of rent amounting to Rs. 82. It was held that the landlord had no genuine need for residential purposes. Similarly, the ground under Section 4 (a) of the M. B. Accommodation Control Act, 1955 was also negatived. At this stage, it may be pertinent to note that in that case a rent note, dated 4-9-1944 (Ex. P-1)-executed by the appellant was filed, which specifically provided for one month's notice before the tenant left the premises at any time.

(3.) AGGRIEVED by the decree of dismissal, Badri Bhola had filed an appeal. During the pendency of that appeal, he executed a registered sale deed, dated 16-1-1959 (Ex. P-3) in favour of the present respondent. Therefore, as a transferee pendente lite, the present respondent was impleaded as an appellant in that suit. However, that appeal was also ultimately dismissed, and the decree of dismissal was upheld.