HASSANKHAN MANNOOKHAN Vs. SHARDA CHARAN TIWARI

JUDGEMENT

(1.) THIS judgment shall also dispose of the connected appeals Nos. 271 to 274 of 1951, 692 of 1951 ana 159 of 1952. These appeals have been filed by the defendants against the decrees for possession and damages for use and occupation.

(2.) THE defendants are holders of the shop in the Golbazar of Raipur, belonging to the plaintiff-respondent: Municipal Committee. The Courts below have negatived the contention of the defendants that they held the sites under a licence which became irrevocable on account of their constructing permanent structures thereon in pursuance of the licence. They held that the defendants were tenants from month to month and their tenancy was terminated by a valid notice. They negatived the allegation of the defendants in the appeals except appeal No. 692 of 1951, that the notice terminating the tenancy was waived by the Municipal committee. In the end, they decreed the claim of the Committee for ejectment and for damages for use and occupation against all the defendants.

(3.) IN appeal No. 692 of 1951, the only point urged by the defendant was that the notice terminating the tenancy with the end of 31-12-1947 was not valid on the ground that the month of the tenancy was not according to Gregorian Calendar. The evidence of Ramlal (P. W. 2), on which the Courts below have relied, however, negative this contention. It was urged before me that the notice was invalid on the additional ground that it did not specify property the premises forming the subject-matter of the tenancy. No such ground was taken in the pleadings and accordingly this contention cannot be entertained. As no other defence was raised to the suit, the appeal is liable to be dismissed.