GUTTI Vs. MOHANLAL

JUDGEMENT

(1.) THIS is an appeal by the defendant against the decree dated 31-12-1962, passed by the 1st Additional District Judge, Jabalpur, in Civil Appeal No. 21-A of 1962, affirming the decree, dated 16-12-1961, passed by the 2nd Civil Judge II Class, Jabalpur, in Civil Suit No. 241-A of 1960.

(2.) THE field Khasra No. 135 in 'Malik-Makbuza' right was originally held by Mst. Motibai, who died in the year 1953. During her life time, she used to sub-let the field to the present appellant. However, after her death, the appellant continued in possession without any fresh contract of sub-tenancy. After her death, the respondents Nos. 1 and 2, Mohanlal and Sohanlal are her heirs. It appears that there were other co-owners, but Mst. Motibai used to manage the property on her own behalf and on behalf of the other co-owners. THE interest of another co-owner, Mst. Chhuttanbai was purchased by the first respondent. Consequently, the present respondents became owners of the suit field. THE sale deeds in that behalf are on record as Ex. P/1 dated 24-8-1959 and Ex. P. 2 dated 14-3-1960.

(3.) THE learned Judges of the Courts below held that the defendant was a sub-tenant of Mst. Motibai and that the agreement of sub-tenancy was never renewed by her heirs or by other co-owners. It was further found that the defendant did not acquire any occupancy status. In that view, the quit notice was considered sufficient to terminate the defendant's sub-tenancy and the plaintiffs were held entitled to claim possession from him. That was the only basis of the decree passed by the Courts below.