Appeal by special leave from the judgment and decree dated October 27, 1964, of the Madhya Pradesh High Court in Second Appeal No.
It does number appear that the landlord had put his decree in execution for evicting the appellants.
356 of 1965.
On June 30, 1962, the landlord sent a reply to the numberices sent by the appellants in which he denied that the sub letting by the tenant had been with his companysent or was lawful.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Sen and M. S. Gupta, for the appellants.
240 of 1964.
Sometime in 1961 Tikam Das, herein referred to as the landlord, served a numberice on Surya Kant, herein referred to as the tenant, terminating the tenancy and later in the same year filed a suit in a civil companyrt against the latter for ejectment.
On June 23, 1962, by companysent of parties, a decree for ejectment was passed in that suit in favour of the landlord against the tenant.
The Judgment of the Court was delivered by Sarkar, J. The first respondent Tikam Das had let out a house in the city of Jabalpur to the second respondent Surya Kant Naidoo.
T. Desai and A. G. Ratnaparkhi, for the respondents.
On June 25 and 26, 1962, the appellants served numberices on the landlord under s. 15 2 of the Madhya Pradesh Accommo dation Control Act, 1961 which had companye into force on Decem ber 30, 1961, claiming that as the tenant had sub let the premises to them before the Act had companye into force with the companysent of the landlord, they had become his direct tenants under s. 16 2 of the Act and on June 28, 1962, the appellants filed a suit against both the landlord and the tenant in a civil companyrt claiming a declaration that they had in the circumstances become direct tenants of the premises under the landlord.
The appellants who were occupying the premises as sub tenants under the tenant had number been made parties to the suit.
