MANGILAL Vs. PYARCHAND

JUDGEMENT

(1.) THIS appeal is by the plaintiffs landlords against the decree, dased. 21 -11 -1961 passed by Shri S. V. H. Pagare, District Judge, Ujjain, in Civil Regular Appeal No. 39 of 1961, affirming the decree, dated, 3 -7 -1961, passed by Shri R. L. Sanghani, Second Civil Judge, Class II, Ujjain in Civil Suit No. 228 of 1960.

(2.) THE suit plot at the time of the lease was vacant land, Originally, it belonged to one, Kanchanlal, who gave it to the present respondent on a lease for a period of 3 years as per the agreement, dated, 8 -12 -1949 (Ex. P. 8). It was indisputably given for non -residential purpose. The lessee was permitted to have a temporary structure of his own for locating -a factory. Even after the expiry of three years, the -respondent continued in possession as a lessee. At this stage, it may be significant to note that the rent note, dated 8 -12 -1949 (Ex. P -8) specifically provided for termination of the lease on one month's notice.

(3.) THE respondent opposed the plaintiffs' claim mainly on the ground that the land not being a vacant or open plot of land, section 4(i) of the Act was not attracted. Further on, the: quit notice was also challenged as invalid.