P.K.Tare
Gutti – Appellant
Versus
Mohanlal – Respondent
1. This is an appeal by the defendants against the decree dated 31.12.1962, passed by the 1st Additional District Judge Jabalpur, in Civil Appeal No. 21-A of 1962, affirming the decree, dated 16.12.1961, passed by the 2nd Civil Judge 2nd Class, Jabalpur, in Civil Suit No. 241-A of 1960
2. The field Khasra No.135 in 'Malik Mukbuza'-right was originally held by Mst. Motibai, who died in the year 1953. During her life time, she used to sublet the field to the present appellant. However, after her death, the appellant continued in possession without any fresh contract of sub-tenancy. After her death, the respondent Nos. 1 and 2, Mohanlal and Sohanlal are her heirs. It appears that there were other co-owners, but Mst. Motibai used to manage the property on her own behalf and on behalf of the other co-owners. The interest of another co-owner, Mst. Chhuttanbai was purchased by the first respondent. Consequently the present respondents became owners of the suit field. The sale deeds in that behalf are on record as Ex. P/1 dated 24.8.1959 and Ex. P.2 dated 14.3.1960.
3. The respondents issued a quit notice, dated 30.3.1959 (Ex. P/4) intimating the appellant that they did not want to
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