SURAJMAL MARWARI Vs. RAMPEARAYLAL KHANDELWAL

JUDGEMENT

(1.) This is an appeal by the principal defendants (defendants 1 to 3) in a suit instituted by the plaintiff respondent for declaration of his title to and recovery of khas possession over a house property comprised in plot No. 463 of Mauza Kirkend within Pargana Jharia. There was also a claim for damages for use and occupation of the property.

(2.) It is now undisputed that the property which originally belonged to the defendants or their predecessor in interest was conveyed to the plaintiff by a registered sale deed (Ext. 1) dated the 9th October 1922 for a consideration of Rs. 5,000/- made up of certain earlier dues of the defendants to the plaintiff. It is also undisputed that after the title had passed to the plaintiff, the defendants continued in possession of the property as tenants under the plaintiff. A letter (Ext. 13/-e) acknowledging the tenancy was written by Lachmi Narain, the lather of the principal defendants, on the very day on which the sale deed (Ext. 1) was executed, and the rent agreed upon was Rs 7.8.0 per month for a portion of the house. Subsequently, other documents described as Kirayanamas were executed by Lachmi Narain, whereby the defendants became tenants in respect of the entire house. The last of such Kirayanamas was executed by Lachmi Narain is Magh 1988 corresponding to sometime in 1932. The defendants paid rent to the plaintiff in terms of the agreement until 1938.

(3.) On the 3rd January 1945, the plaintiff gave a pleader's notice to quit (Ext. 6) calling upon the defendants to vacate the house and to restore the plaintiff to possession over it at the expiry of Magh 2001 Sambat. The case of the plaintiff is that thereafter he made further demands for vacant possession of the house from the defendants, but the defendants failed to restore possession to him. Accordingly, he instituted the present suit for the reliefs mentioned above on the 9th March 1953.