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1949 Supreme(Bom) 40

SHAH
Gurupadappa Shivlingappa – Appellant
Versus
Akbar Sayad Sudan Kadri – Respondent


Advocates:
V.N. Lokur - for Appellant. S.R. Parulekar - for Respondent.

Judgement

JUDGMENT :- The plaintiff filed a suit, being suit No. 272 of 1946, in the Court of the Joint Civil Judge, Junior Division, Belgaum, seeking to obtain possession of certain premises from the defendant on the allegation that the defendant was a tenant and that the tenancy wag duly terminated by notice.

2. The defendant resisted the claim on the ground that be was an annual tenant and the tenancy was not duly terminated. During the pendency of the suit, the parties arrived at a compromise, the terms of which are as follows :

"(1) The defendant admits that he is the monthly tenant of the plaintiff. The defendant do deliver up possession of the suit property to the plaintiff before 31st January 1948.

(2) The defendant has paid the rent up to the end of March 1947 to the plaintiff. The defendant do forthwith pay the amount of rent remaining due up to this day and he do pay to the plaintiff rent of each month up to 31st January 1948, in advance on the first day of each of the several months."

This decree was passed on 11th June 1947, and the relations between the parties at that time were governed by Bombay Act VII (7) of 1944. The period provided by the decree having expired on 31s






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