GOVIND RAM Vs. ABDUL WAHAB

JUDGEMENT

(1.) THIS is a plaintiff's second appeal in a suit for rent and ejectment and arises under circumstances presently to be mentioned.

(2.) THE plaintiff's case was that he had purchased the suit house from Mst. Govindi bai widow of one Laxmansingh by a registered sale deed (Ex. 1) dated the 30th july, 1956, and that the defendant was continuing as a tenant therein from before paying a rent of Rs. 3/- per mensem. The plaintiff's case further was that soon after the sale, Mst. Govindi Bai gave a notice to the defendant that she had sold the house to the plaintiff and the defendant should thenceforward pay the rent to the plaintiff, which fact is accepted by the defendant himself. According to the plaintiff, a sum of Rs. 9/- was due from the defendant as rent upto the 31st october, 1956. On the 5th October, 1956, the plaintiff gave a notice to the defendant to quit the suit house and pay the arrears of rent due from him, and there is no dispute about this notice. The plaintiff's case then was that he was living in a rented house and therefore he had a bona fide and reasonable necessity to occupy the suit house and consequently he brought the suit, out of which this appeal arises for the recovery of the arrears of rent amounting to Rs. 9/-and for ejectment on the 8th November, 1956.

(3.) THE defendant resisted the suit. His case, insofar as it is material for the purposes of the present appeal, was that he was a tenant of Mst. Govindi Bai's husband Laxmansingh at the rate of Rs. 2/8/-per mensem only but he did not accept the fact that on Laxmansingh's death his widow Mst. Govindi Bai had sold the suit house to the plaintiff and consequently he contended that the latter had no right to bring the suit. The defendant also denied that the plaintiff had any bona fide and reasonable necessity to occupy the house in suit.