MOHAMMAD ISHAK Vs. HAFIZ IBRAHIM

JUDGEMENT

(1.) THIS second appeal filed by the defendants, is directed against the judgment and decree passed by the District Judge, Mandsaur, in Civil Regular Appeal No. 53 -A of 1973, on 9th May, 1975, decreeing the plaintiffs' suit for ejectment on the grounds under section 12 (1) (a) and section 12 (1) (h) of the M.P. Accommodation Control Act, 1961, by upsetting the judgment and decree of the trial Court, which had dismissed the plaintiffs' suit for ejectment.

(2.) THE short facts giving rise to this appeal are as follows : -

(3.) SUBSEQUENTLY , the plaintiffs came to know that their tenant Mohammad Yusuf had expired on 29 -8 -1969, and the defendant -appellants, who are his heirs, became the plaintiffs' tenant. Therefore, the plaintiffs through their counsel sent another registered notice Ex. P -10, on 12 -8 -1970, demanding a sum of Rs. 755.35 P., on account of rent at the rate of Rs. 31/ - per. Month from 1 -8 -1968 to 11 -8 -1970 and by this notice, also terminated their tenancy with effect from the mid night of 11 -10 -1970. By this notice, the defendants had also been given an option that in case, they thought that their month of tenancy does not expire on the 11th of the English month but on some other date of the British calender month, or that the monthly tenancy commences according to the Hindi Calendar month, then they might vacate the suit portion whenever according to them their month of tenancy ends, after a month of the service of this notice on them. The said notice sent by registered post was received by the defendants on 18 -8 -1970. The defendants through their counsel gave reply to this notice on 13 -10 1970 vide Ex. P -11, but neither paid, nor remitted the arrears of rent to the plaintiffs within the statutory period of 2 months, nor vacated the suit accommodation. By the said quit notice, the plaintiffs sought possession of the suit accommodation on the ground that they wanted to reconstruct the house.