AMIYA KUMAR DUTTA Vs. KRISHNA SINGH

JUDGEMENT

(1.) THIS Letters Patent Appeal is filed against the judgment and decree of the Single Bench of this Court whereby the decree passed in Civil Suit No. 12 -A of 1986 for possession of the suit property and directing eviction of the respondents from the suit premises was set aside.

(2.) THE plaintiff /appellant filed a suit for possession of the suit property, i.e. 2.27 acres of land forming part of Khasra No. 242/2 at village Namna Kala, district Surguja. As per the plaint allegations, on 4 -10 -1974 an agreement of lease was executed of the suit property by the appellant in favour of Shri Sardar Hakim Singh, son of late Shri Sher Singh (Hakim Singh died during the pendency of the proceedings and the present respondents were substituted in his place as L.Rs. on 3 -3 -1983) for a period of one year, i.e. from 1st day of September 1974 to 30th August, 1975, on payment of Rs. 50/ - per month. The period of lease expired on 30th August, 1975 and, therefore, the appellant claimed possession of the property leased out to the respondents. Termination of the tenancy was claimed on the ground of expiration of the lease by efflux of time on 30th August, 1975. As possession was not delivered, in spite of expiration of the lease period by the respondents, a suit was filed for ejectment. There was no notice given terminating the tenancy under Section 106 of the Transfer of Property Act, 1882. The respondents denied the right of the appellant to claim eviction from the suit premises. It was also contended that in the absence of notice terminating the tenancy, the suit as it is filed, was not maintainable.

(3.) AT the outset we may say so that the judgment and decree passed by the Single Bench of this Court for specific performance of the contract in favour of Gurdeep Singh is set aside by us in L.P.A. No. 57 of 1989 by our judgment delivered today. As the decree of the High Court is set aside it will not be an impediment, for the questions which are required to be adjudicated in this appeal.