MANGURAM AGARWAL ALIAS AGARWALLA Vs. PYARALAL

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 19.02.1983 and decree dated 26.02.1983 passed by the learned Subordinate Judge, Sambalpur in T.S. No. 61 of 1978.

(2.) THE facts of the case, in a nutshell, are as follows; Plaintiff is the appellant. He purchased the suit land on 20th April, 1957 by a registered sale deed and constructed a house thereon. The defendant was a tenant of the same on a monthly rent of Rs. 60/ -and the tenancy was completed according to the English calendar. As the defendant was a chronic defaulter and did not pay the rent since February, 1974 in spite of repeated demand, plaintiff filed the suit for eviction from Schedule -A property and prayed for delivery of possession of the same to him through Court on the allegation that defendant damaged the suit house as a result of which the value of the house was diminished and plaintiff wanted the suit house for his own use. As the defendant did not vacate the suit house, he issued a notice on 6.6.1975 by registered post demanding eviction and for arrear rent. As the defendant did not give any reply to the said notice nor did he do anything to vacate the suit house, plaintiff again issued another notice on 10th April, 1978 under Section 106 of the Transfer of Property Act (in short 'the Act') terminating the tenancy and demanding possession of the suit premises. But the defendant did not reply to the said notice also. Therefore, the plaintiff has filed the suit for eviction along with a prayer for arrear rent of last three years i.e. Rs. 2160/ -.

(3.) ON the aforesaid pleadings of the parties, the learned Subordinate Judge formulated as many as five issues which are as follows; 1. Whether the defendant is in possession of the suit house as a tenant or in pursuance of the agreement for sale ? 2. Is the defendant entitled to protect his possession Under Section 53(a) of the Transfer of Property Act ? 3. Has the defendant perfected his title by adverse possession ? 4. Is the suit maintainable ?