PAMANDAS Vs. LACHHMI BAI

JUDGEMENT

(1.) THIS is a defendants-tenants' second appeal in a suit for ejectment.

(2.) THE material facts leading up to this appeal may shortly be stated as follows. It is admitted that the suit house was declared evacuee property under the administration of Evacuee Property Act, 1950. (Act No. 31 of 1950), and the defendant Lilaram (who having died is now represented by his heirs Pamandas and others, the present appellant's) was admitted as a tenant therein by the custodian. Thereafter the plaintiffs purchased the property in question at a departmental sale held by public auction on the 2nd June, 1955. They obtained a sale-certificate on the 14th August, 1958. It was mentioned in the sale-certificate that the sale would take effect from the 9th June, 1955. The plaintiffs gave the defendant a notice to quit on the 9tn december, 1958. Thereafter they filed the present suit for ejectment on the 29th june, 1959. The plaintiffs brought their suit for ejectment on a number of grounds out of which it is only necessary to mention one for the purposes of this appeal, namely, that they were under a reasonable and bona fide necessity to occupy the suit house.

(3.) THE defendant resisted the suit. He denied that the plaintiffs had any reasonable and bona fide necessity to occupy the house. He further contended that the suit was not maintainable in law by virtue of a notification issued under section 29 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Act No. 44 of 1954) (hereinafter referred to as the Act of 1954) which gave immunity from ejectment for a period of two years from the date of transfer.