- (1.) Heard learned counsel for the parties.
(2.) The plaintiff-Liquidator,Bhopal Co-operative Society Ltd., Pratapnagar, Udaipur filed the suit for eviction against the defendantappellant which was decreed by the trial court by the judgment and decree dated 12.9.1977. The appeal against the said judgment and decree was dismissed by the appellate court on 19.11.1982. Hence this second appeal. Brief facts of the case are that the plaintiff in his plaint alleged that to settle the refugees came after partition, a society named as Bhopal Co-operative Society Ltd., Pratapnagar, Udaipur was constituted.
(3.) The said society got the land from the State Government which includes of uncultivated land also. The land was allotted for establishing a town for these refugees. The society thought it proper that to give some facilities to the members of the town, a poultry-farm, sheep-breeding centre and dairy-farm may be established in the same area. For this purpose, the land measuring 30 bighas was leased out to the defendant and for which the lease deed was executed on 25.5.1951. Some objection was raised for letting out the land, therefore, the State Government acquired half of the disputed land and only 15 bighas of land remained with the plaintiff and which continued in the tenancy of the defendant. A Liquidator was appointed for the plaintiff-society. He served notice upon the defendant-appellant for eviction from the land in question because of the various reasons and when the defendant did not deliver the possession of the suit property, the present suit was filed for eviction of the defendant-appellant-tenant.;