CHHOTI DEI Vs. GANGADHAR MISRA

JUDGEMENT

(1.) THIS is a plaintiffs second appeal against the reversing judgment of Sri B. S. Patnaik, Subordinate Judge of Cuttack, dismissing the plaintiff's suit in ejectment of the defendants on the allegation that the defendants are monthly tenants in respect of 'Khas mahal' Holding No. 1261 on a monthly rental of Rs. 23/ -. As the plaintiffs required their house for their own use, they made an application before the House Rent Controller for permission to bring a suit in ejectment ; but as the defendants agreed to vacate it by the end of 1 -5 -1948 proceedings were dropped by consent of parties and notice to quit was served by the plaintiffs on 10 -7 -48 which was received by defendant 1 on 12 -7 -48.

(2.) THIS holding originally belonged to Debendra Nath Basu who died, long after 1937 'leaving Satyendra, Samarendra, sachindra and his widow as his heirs. The notice was served by Satyendra, Samarendra and Sachindra. During the pendency of the suit, a registered 'kabala' was executed in favour of the present plaintiff -appellant on 28 -12 -48 by the three sons and the widow.

(3.) THE learned trial Court decreed the plaintiff's suit which was dismissed by the lower appellate Court on two grounds namely, (i) that the notice was defective, and (ii) that the suit was barred under Sections 5 and 13, House Bent Control Act f Act 5 of 1947).