MD. ISRAIL Vs. BIBI ASGHARI AND ANOTHER

JUDGEMENT

(1.) This second appeal is by the defendant (tenant) against a judgment of affirmance. The plaintiffs brought a suit for eviction of the defendant (tenant) on the ground of default in payment of rent for the months of April to October, 1977 and also on the ground of personal necessity. The defendant was inducted in the house in question by the original owner, i.e. Hari Mohan Jhunjhunwala. The original owner sold the house to plaintiff No. 2 on 12.4.1977 by a registered sale -deed. Plaintiff No. 2 purchased the house in question in the name of plaintiff No. 1 (his wife). The defendant was a month to month tenant in the house in question at the rate of Rs. 35/ - per month according to the English calendar. The original owner after the sale of the house to plaintiff No. 2, served a notice upon the defendant on 18.5.77 informing him that the house in question was sold to the lady (Plaintiff No. 1) and further directed the defendant to pay rent to the plaintiffs.

(2.) The plaintiffs' case was that defendant did not pay rent for the months in question amounting to Rs. 245/ - and hence, he was a defaulter in the eye of law -

(3.) The plaintiffs also pleaded that they were residing as tenant in the house of one Dr. Hasan Ahmad and their land -lord was pressing upon them to vacate his premises and hence, the plaintiffs were in need of the house in question for their own occupation. The plaintiffs also pleaded that the tenancy of the defendant had been terminated and determined under Sec. 106 of the Transfer of Property Act with the expiry of 31st July, 1977. As the defendant did not vacate the house in question, it necessitated the filing of the present suit.