RUKMANI DEVI KABRA Vs. NARENDRA KUMAR SUKHCHAND SHA

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patent preferred by the defendants against the decree for eviction passed against them by the Courts below and affirmed by the learned Single Judge.

(2.) THE plaintiff's case is that they are owners of the suit house situated in the main market of Sagar, the house having fallen to their share in the family partition of 23-11-1967. The original defendant Bansidhar was tenant in the suit house on a monthly rent of Rs. 34, his tenancy commencing on the 1st of each English calendar month. He was doing business in Ghee in the suit house. By notice Ex. P-13 dated 1-3-68 the plaintiffs terminated the tenancy of the defendant with effect from 31-3-68. The notice was received by the defendant on 6-3-68. Since the defendant did not vacate the suit house, this suit has been filed claiming eviction on the ground that the plaintiffs require the suit house for carrying on their money-lending business. The suit has been filed on 17-4-68. The defendant in his written statement submitted that the tenancy was from Diwali to Diwali every year and the rent was also payable on Diwali. The suit was decreed by the trial Court, affirmed by the lower appellate Court and further affirmed in second appeal by this Court holding that the tenancy was monthly and it commenced on the 1st of each English calendar month and it has been validly terminated by quit notice Ex. P. 13. The plaintiffs bona fide require the suit house for starting their money-lending business. The 2 documents Exs. D. 1 and D. 2 were inadmissible in evidence as they purported to create yearly lease but were not registered.

(3.) THE only question for consideration in this appeal is whether the defendants tenancy was validly terminated by quit notice Ex. P. 13.