BHAGCHAND Vs. ADMINISTRATOR MUNICIPAL CORPORATION INDORE

JUDGEMENT

(1.) This second appeal has been preferred by plaintiff against the judgment of reversal passed by appellate Court dismissing his sult.

(2.) A suit for declaration, mandatory injunction and for possession has been filed by the plaintiff who is appellant here in this appeal. According to the plaintiff, he is in possession of a shop situated in a Gumti for several years. Defendant No. 1 gave plot No. 6 to defendant No. 2 on lease so that defendant No. 2 may construct a Gumti and may open the Co-operative Store of Municipal Employees Union. Thereafter defendant No. 2 constructed the Gumti on the said land. Defendant No. 2 did not open the Co-operative Store and the said Gumti remained vacant up to the year 1961. At the relevant point of time, the President of Union (defendant No. 2) was Narain Singh who in December, 1961 Inducted plaintiff as sub-tenant at trie rate of Rs. 35/- rent per month apart from payment of the tax. The plaintiff thereafter Started carrying on business of public typing and drafting institute in the said Gumti and the possession of the said Gumti remained with him.

(3.) Defendant No. 1 sent notice to defendant No. 2 terminating the tenancy and the said notice was served on defendant No. 2 on 11-5-1966. The said notice terminating the lease was sent on the ground that defendant No. 2 has inducted plaintiff as subtenant in the said Gumti. The plaintiff against the said notice of defendant No. 1 filed art appeal (Appeal No. 441/66), before the Appellate Committee which was dismissed on 25-8-69. However, after the dismissal of the appeal, defendant No. 1 did not take any action against defendant No.2.