B K PRADHAN Vs. KALAWATI DEVI

JUDGEMENT

(1.) THIS second appeal arises from a suit for ejectment of a tenant. The trial Court passed a decree in favour of the plaintiff. The same has been affirmed by the first appeal Court.

(2.) THE appellant is in occupation of a portion of House No. 41 in Napier Town, jabalpur. In pursuance of the powers conferred under Section 20 of the Displaced persons (Compensation and Rehabilitation) Act of 1954 (Act No. XL of 1954) (hereinafter called "the Act") the house was sold to one Bhagwandas. A sale-certificate was issued to the said purchaser on 8 December 1961. That certificate of sale declared the said Bhagwandas to be the purchaser of the said property with effect from 15th day of June 1957. Bhagwandas in his turn sold the house to the plaintiff by a registered deed of sale dated 5 March 1962. The plaintiff served a notice to quit dated 14 March 1963 on the appellant terminating the tenancy on the expiry of April 1963 the month of tenancy. She brought the suit on 1 May 1963. The appellant resisted the suit on various grounds.

(3.) THE trial Judge held that the plaintiff is the owner of the suit house; that she bona fide requires it for her own need and that of her family; that she has no other reasonably suitable accommodation of her own in the city of Jabalpur; that a sale certificate has been issued to her: that the tenancy was validly and legally determined and that the suit is not premature within the meaning of Section 29 of the Act. In the result a decree for ejectment was passed. The first appeal Court has agreed with the trial Court in those findings.