- (1.)THIS appeal shall also govern the disposal of Second Appeal No. 104 of 1963 which had been filed by the present respondent as a cross objection, but which was directed to be registered as a separate appeal. The present appeal is by the tenant, while the connected cross appeal is by the landlord,
(2.)THE tenant's appeal is against the decree, dated, 17-10-1962 passed by Shri P. C. Gupta, Third Additional District Judge, Indore in Civil Appeal No. 29 of 1960 reversing the decree, dated, 29-2-1960, passed by Shri G. K. Sharrna, Additional civil Judge Class I, Mhow in Civil Suit No. 12 of 1957, wherein the tenant challenges the decree for eviction mainly on the ground that the decree is not on any of the grounds mentioned in Section 12 of the M. P. Accommodation Control act, 1961. In the connected cross appeal filed by the respondent-landlord his relief is for mesne profits or damages for use and occupation from the date of the suit to the date of delivery of possession,
(3.)AT the time the present suit was filed on 10-1-1957, no rent control legislation was applicable to the town, known as Cantonment Board, Mhow. The respondent claimed arrears of rent, as also eviction on the ground that he had served a quit notice, dated, 12-12-1956 under Section 106 of the Transfer of Property Act, terminating the tenancy with effect from 1-1-1957. The said notice had been received by the tenant on 13-12-1956. As no rent control legislation was applicable, it was not necessary for the landlord to allege any of the grounds under section 4 of the Madhya Bharat Accommodation Control Act, 1955. The plaintiff had also claimed future damages for use and occupation from the date of suit till delivery of possession at the rate of Rs. 35/-per month which was the agreed rent.