GORDHAN Vs. ALI BUX

JUDGEMENT

(1.) This is a second appeal in a suit for ejectment and for recovery at arrears of rent which was decreed by the trial Court but was dismissed by the first appellate Court.

(2.) The plaintiff came to the Court with the allegation and that premises in dispute, which are situated at Marwar-Mundwa, were given on rent by the plaintiff to the defendant Ali Bux under an oral lease for one year on March 2, 1966 and Rs. 300/-per year was the rent fixed between the parties. It was alleged that the Tenancy came to an end on the expiry of the period of one year but the defendant did not vacate the premises. A notice was given by the plaintiff on Match 16, 1967 asking the defendant-tenant to vacate the premises up to March 31, 1967.

(3.) The defendant's case was that the property in dispute belonged to Hindustan Iron and Steel Works and the defendant was the owner of the aforesaid firm as also of the property in dispute. According to the defendant, he was m occupation of the disputed premises for the last 15 years and that he bad made constructions on the open land after obtaining a 'sanad' on June 22, 1965. The notice given by the plaintiff was alleged to be illegal. Thus in substance, the case of the defendant was that there was no relationship of landlord and tenant between the parties.