PANDIT RAMJILAL TIWARI Vs. SHRI VIJAI KUMAR
LAWS(MPH)-1969-10-5
HIGH COURT OF MADHYA PRADESH
Decided on October 10,1969

PANDIT RAMJILAL TIWARI Appellant
VERSUS
VIJAI KUMAR Respondents

JUDGEMENT

- (1.) THIS appeal by the defendant 2 is directed against a decree declaring the plaintiff to be the owner of the disputed house, placing him in possession thereof and directing the defendant 2 to pay Rs. 720/- as damages for use and occupation of the house. The defendant 1 too has filed First Appeal No. 84 of 1968 against the decree so far as it relates to his eviction from the house. This judgment shall dispose of the two appeals.
(2.) THE material facts, which are not now in controversy, are these. The house in dispute belonged to the defendant 2, who executed in favour of the defendant 3 a sale deed dated 26th December 1959, for an apparent consideration of Rs. 8. 000/ -. By a sale deed dated 5th December 1962, the defendant 3 sold the house to the plaintiff for Rs. 9,000/ -. On that date, the defendant 1 was in possession of the house.
(3.) ACCORDING to the plaintiff, he became by virtue of the sale deed dated 5th December 1962, the owner of the house, He claimed that he bona fide required the house for the residence of himself and the members of his family and that he had no other house of his own at Damoh which was reasonably suitable for such residence. Treating the defendant 1 as a tenant in occupation of the house, the plaintiff served upon him two notices to quit dated 1st May, 1964 and 6th July 1984 and thereby terminated his tenancy. Subsequently, on learning that the defendant 1 had colluded with the defendant 2 and was setting up the latter's title to the disputed house, the plaintiff served upon him yet another notice dated 8th April 1967 forfeiting the tenancy, The plaintiff claimed Rs. 2,160/- as damages either from the defendants 1 and 2 or from the defendant 3.;


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