ABBAS BHAI Vs. SHAHJADALI

JUDGEMENT

(1.) THIS is an appeal, filed by the plaintiffs, directed against the judgment of the Additional District Judge Mandsaur, reversing the judgment and decree of the Additional Civil Judge, Class II, Mandsaur, and dismissing the plaintiffs' suit for eviction of the defendant under section 12 (1) (e) of the Madhya Pradesh Accommodation Control Act, 1961, hereinafter referred to as "the Act".

(2.) THE material facts, shortly stated, are these : The plaintiffs own a house at Mandsaur. They executed a usufructuary mortgage of the house on 23 -7 -1951 in favour of one Ismail Bhai. The mortgagee inducted the defendant as a tenant on 9 -11 -1951. That was in exercise of his rights of management as a mortgagee in possession. There was redemption of the aforesaid mortgage by the plaintiffs on 5 -4 -1969 On 6 -5 -1965 the defendant attorned to the plaintiffs. The plaintiffs, thereafter, served a notice of ejectment upon the defendant on 20 -5 -1969 under section 106 of the Transfer of Property Act, and brought the present suit for eviction under section 12 (1) (e) of the Act on 8 -8 -1969.

(3.) SIMILAR provisions are to be found in other States. The object of the legislature is to confer some protections on the tenants who form a major section of the public, by imposing a restriction on the right of the transferee -landlords to recover possession of their property for a limited period of one year from their purchase. In Sailendra Nath Ghosal and others v. S. Ena Dutt and others AIR 1970 Cal. 33, the Calcutta High Court construed the analogous provision contained in section 13(3 -A) of the West Bengal Premises Tenancy Act, 1956, by taking into consideration matters of common knowledge, i.e., the conditions prevailing at or about the time of enactment, the extent and urgency of the evil sought to be remedied, and held that the section does not offend against Article 19(1) (f) or Article 14 of the Constitution. In dealing with the subject. Mookerjee, J., speaking for the Court, stated: -