KANTILAL JADHAVJI Vs. RAMCHANDRARAO GANGADHARRAO DESHMUKH

JUDGEMENT

(1.) THIS appeal by the plaintiff is directed against a judgment of the District Judge, East Nimar, Khandwa dated 15th April 1968, reversing the judgment and decree of the IInd Civil Judge, Class II, Burhanpur, dated 21st March 1967, and dismissing the plaintiff's suit for recovery of Rs. 4,173.78 P. by way of reimbursement for land revenue paid by him on behalf of the Defendant for the years 1962 -63, 1963 -64 and 1964 -65.

(2.) THE relevant facts, in brief, are as follows:

(3.) THE appellant filed an application under Order 11, Rule 14 read with sections 151 and 107(2) of the Code of Civil Procedure for directing the defendant to produce the originals of two documents seeking leave, at the same time, to file the aforesaid two documents as additional evidence, under Order 41, Rule 27 of the Code, in proof of the fact that the plaintiff had exercised his option of renewal, namely, (i) copy of the plaintiff's solicitor's letter dated 26 -4 -1962, and (ii) copy of the plaintiff's letters dated 1 -10 -1962. The application was strenuously opposed at the hearing. Learned counsel for the appellant did not press the application, and, in fact, expressly abandoned the plea that the plaintiff had exercised his option of renewal of the lease for another term of 20 years under Clause 6 of the lease -deed. The appellant has instead confined his submissions on the basis that the plot in question being an open plot was an "accommodation" within the meaning of section 2(a)(i) of the M.P. Accommodation Control Act, 1961; and, the plaintiff, therefore, became a statutory tenant thereof as held in Shyamlal Lachman v. Umacharan Tiwari : 1960 M P L J 1002 (F B).