BIHARILAL Vs. WASUNDARABAI

JUDGEMENT

(1.) THIS is a second appeal against the judgment and decree of the District Judge, Indore who dismissing the appeal of the Defendant confirmed the decree of the trial Court. The facts briefly are that one Chandrakant giving notice to quit on 24 -10 -1944 Ex. P/3 and Anr. on 31 -10 -1944 Ex. P/4 terminated the tenancy on the expiry of the agricultural years ending in 1945 in respect of two holdings, namely, Inam land and Pattedari land.

(2.) THE learned Counsel for the Appellant has raised the following contentions:

(3.) THESE statements are not at all relevant to the present case. As already stated notice was given in respect of both the holdings, 64 Ind cas 550 (Cal) (A) to which reference has been made, is also not applicable to this case. In that case the Plaintiff had sued for the possession of a portion of a tenure leaving the remainder intact in the possession of the tenant. In these circumstances their Lordships of the Calcutta High Court held that such a suit does not lie. This is not the case in the present suit.