BIRENDRA MOHAN GHOSH Vs. MOHAMED UMAR

JUDGEMENT

(1.) This second appeal by the defendant arises out of a suit for ejectment from a shop portion of holding No. 13, in the town of Chakradharpur, in the district of Singhbhum.

(2.) The case of the plaintiff-resdent was that the appellant was a tenant of a room of the said holding on monthly rental of Rs. 15/-. He defaulted in payment of rent. The plaintiff-respondent also required the house for his personal necessity. Therefore, a notice dated 23th of October. 1965, under Section 106 of the Transfer of Property Act was sent to the appellant to vacate the premises by 30th of November, 1965 and also to pay arrears of rent. It was admitted that rent up to October, 1965 was subsequently remitted by the appellant before the institution of the suit and was accepted by the plaintiff-respondent, but as the appellant did not vacate the premises the suit had to be instituted claiming evic- tion on the ground of personal necessity.

(3.) The case of the appellant was that the premises was let out toy father of the plaintiff-respondent and though the plaintiff-respondent was receiving rent, notice by him alone was not valid in law as his father died leaving other sons and daughters and he was only a co-lessor. It was also averred that the suit was bad for non-joinder of the brothers and sisters of the plaintiff-respondent.