THAKUR PRASAD Vs. STATE IRON STEEL CO LTD

JUDGEMENT

(1.) This appeal by the defendant has been filed against the concurrent judgments of the Courts below decreeing the plaintiff's suit.

(2.) A suit was filed for eviction of the defendant from the property fully described in Schedule A of the plaint and in the map annexed thereto, which consists of two plots in the vegetable plantform in Bistupur Market in the town of Jemshedpur, and for recovery of tolls and compensation amounting to Rs. 263.00. The plaintiff's case, in short, is that the defendant was a licensee in respect of the property covered by Schedule A of the plaint, on a daily toll of 50 paise. The further case of the plaintiff is that the defendant repeatedly defaulted in paying the tolls since the 24th May, 1964 in spite of repeated demands. A notice to quit and vacate the said plots was given asking the defendant not to use the disputed property on expiry of the 31st August, 1965. It is said that as the defendant did not pay any heed to the said notice, the present suit was filed.

(3.) The defence taken is that the disputed property was allotted, to Dilip Sao on a monthly rental of Re. 1.00 which was subsequently increased to Rs. 15.00per month when the ground was cemented and a tin shed was constructed by the plaintiff. When Dilip Sao became old he used to run the business, i. e. the vegetable shop situate in the disputed property, under the style Ashok Kumar Madan Gopal and his grandsons used to manage the same. The further defence is that the suit was not maintainable and also barred by limitation. It has been denied that there was any default in payment of rent and the notice that was given was not legal and operative. It is also said that the plaintiff was not the owner of the disputed property.