SUGGA BAI Vs. HIRALAL

JUDGEMENT

(1.) THIS is an appeal by the plaintiff-landlords, against the decree dated 22-9-1962, passed by the IInd Additional District Judge, Jabalpur, in Civil Appeal No. 69-A of 1960, re-numbered as Civil Appeal No. 73-A of 1961, affirming the decree dated 18-10-1960, passed by the Ist Civil Judge IInd Class, Jabalpur, in Civil Suit No. 28-A of 1960.

(2.) THE appellants purchased the suit house from Shyam Krishna and others. Out of the vendors one Amitabh was a minor. The family of the vendors is indisputably governed by the Dayabhaga School of Hindu Law. The sale deed Ex. F/13 was executed on 30-5-1958, wherein although the minor's father was a party to the sale, the minor was represented through his next friend the mother. After the appellants purchased the house, they served a notice of attornment dated 20-61958 (Ex. P/1) on Hiralal, the predecessor of the present respondents, who was a tenant of the vendors. A similar notice of the same date Ex. P/3 was served by the vendors as well. But in reply to that notice, the tenants as per the communication dated 24-6-1958 (Ex. P/7), asserted that as one of the vendors was a minor, the vendors should prove their title and he refused to recognise the vendees as his landlords. Consequent on that, the appellants exercised their option for forfeiture of the tenancy and gave a notice, dated 8-8-1958 (Ex. P/2), forfeiting the tenancy. In that notice the tenant was required to vacate within 24 hours of the receipt of notice. Therefore, the present suit for eviction and for damages for use and occupation and subsequent damages, was filed on 13-8-1958.

(3.) AT the time the suit was filed, the C. P. and Berar Letting of Houses and Rent control Order, 1949 was in force. The Madhya Pradesh Accommodation Control act, 1955 was applied to this region with effect from 1-1-1959. At the time the suit was filed, it was necessary to obtain the permission of the Rent Controller to determine the tenancy, as required by Clause 13 of the C. P. and Berar Letting of houses and Rent Control Order, 1949. But the present suit was filed without obtaining any such permission.