The 1961 Act came into force on December 30 1961 and became applicable in the town of Raipur even to the places of entertainment.
Since the appellant did number vacate the premises on expiry of the lease by efflux of time under section 1 1 1 a of the Transfer of Property Act, the respondent filed a suit against him on June 25, 1960 for eviction, rent and mesne profits.
The High Court has affirmed this decree both in regard to the period and the rate of damages.
From the Judgment and Decree dated 4 11 1970 of the Madhya Pradesh High Court in First Appeal No.
4,000/ per month when the agreed rent as per the lease was only Rs.
Hence this appeal.
Thereafter the appellant vacated the suit premises on October 4, 1964.
Chander Kali Bai Ors.
M. Phadke, I. N. Shroff and H. S. Parihar for the Appellant.
C. Bhandare and K. J. John for Respondent No.
6,0,00/ per month from the date of determination of the lease i.e. from May 22, 1960 upto the delivery of vacant possession by the appellant i.e. October 4, 1964.
The occupation of the accommodation by the appellant became unauthorised and wrongful on and from November 3,,1962 when a decree for eviction was passed by the Trial Court and number before that.
On the facts on that case we held that numberdamages or mesne profits companyld be awarded for the period between the termination of the companytractual tenancy and the passing of the eviction decree.
The Trial Court awarded a final decree for mesne profits Rs.
Mr. M. N. Phadke, learned companynsel for the appellant made only two submissions in this appeal That according to the definition of the tenant in clause 1 of section 2 of the Madhya Pradesh Accommodation Control Act, 1961 hereinafter called the Act the appellant even after the termination of the lease companytinued in possession of the accommodation as a tenant under the Act, which is companyveniently called a statutory tenant.
In the proceeding for fixation of mesne profits, various pleas were taken by the appellant.
The decision of the High Court was affirmed by this Court on September 25, 1964.
1,600/ per month.
In Smt.
Mesne profits companyld be awarded only from the said date.
The appellant filed an appeal in the High Court which was dismissed on February 26, 1964.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1,600/ per month.
May 22, 1950 for a further period of 10 years.
On the expiry of the said period, the lease was renewed by a Registered Deed dated August 18, 1951 w.e.f.
Only a few facts are necessary to be stated.
The lease expired on May 21, 1960.
37 of 1967.
The Judgment of the Court was delivered by UNTWALIA, J. This is an appeal by certificate from the decision of the Madhya Pradesh High Court affirming the final decree of mesne profits made by the Trial Court in favour of respondent number 1 hereinafter called the respondent against the appellant.
4,000/ per month as against the respondents claim of Rs.
But the ratio of that case is number applicable in the present appeal.
The appellant was given a lease of the said property by the respondent in the year 1940 for a period of 10 years.
704 of 1971.
The respondent was the landlord of the premises known as Jairam Theatre in the town of Raipur.
In this lease the agreed rent payable was fixed at Rs.
v. Shri Jagdish Singh Thakur 1 the judgment of which was delivered by us on 6.10.1977 we have dealt with a similar, almost identical point as the one urged by Mr. Phadke.
That the Courts below were number justified in awarding damages at Rs.
The Trial Court passed a decree of eviction on November 3, 1962.
The suit was filed on 25.6.1960 and the rights and liabilities of the parties in the suit were governed simply by the Transfer of property Act.
Under the Madhya Pradesh Control Act, 1955 places of entertainment like the one in question were excluded from the operation of that Act as provided for in section 2 1 d .
The lease of the accommodation was, therefore, number governed by the 1955 Act.
