CHAUTHMAL Vs. SARDARMAL

JUDGEMENT

(1.) THIS is a defendant's second appeal in a suit for ejectment which was decreed by both the courts below.

(2.) SARDARMAL plaintiff No. 1, his son Harak-chand plaintiff No. 2 and his grandson kajendralal plaintift No. 3 were the owners of a vacant plot of land which they leased to the defendant for a period of 5 years on an annual rent of Rs. 100/- with effect from 31-10-51. A registered qabuliat was executed by the defendant in their favour on 15-11-51, the relevant portion of which for purposes of this case runs as follows:

(3.) PLAINTIFFS Nos. 1 to 3 agreed to sell the above land on 13-2-55 to Shri Oswal sang of Bali which is represented by plaintiffs Nos. 4 to 8. It was alleged in para 4 of the plaint that the defendant was required to vacate the land by means of notice dated 14-7-55. A registered sale-deed of the land was executed in favour of the Sang on 15-9-55. The sale consideration was Rs. 8,000/ -. A sum of Rs. 4000/was paid to the plaintiffs Nos. 1 to 3 by the Sang. The balance of the sale consideration was to be paid after delivery of possession by plaintiffs Nos. 1 to 3 to the Sang. On 17-9-55 plaintiff No. 1 informed the defendant of the sale and asked him to vacate the land within three days of the receipt of the notice and to deliver possession either to plaintiffs Nos. 1 to 3 or to plaintiffs Nos. 4 to 8 on their behalf. The defendant did not vacate the land in spite of the receipt of this notice. The present suit was consequently instituted on 2110-55 for his ejectment.