AMRUTLAL SAREMAL Vs. DEVIBEN DULLABHBHAI SHANDARI SMT

JUDGEMENT

(1.) The appellants herein were the original plaintiffs who filed Civil Suit No. 62 of 1975 in the Court of Civil Judge (J.D.) Umbergaon against the respondents-defendants. The suit was filed to recover the vacant possession of the suit premises and the amount of Rs. 216.00 from the respondents.

(2.) The case of the appellants was that they were the heirs and legal representatives of the deceased Saremal Vardhaji of Khatalvada village Panchayat House No. 130. The appellants claimed that after the death of Saremal they have become the owners of the suit premises. It is the appellants case that deceased Dullabhbhai Bhagwandas was occupying the suit premises as a monthly tenant at a monthly rent of Rs. 6.00. The respondents are the heirs of said deceased Dullabhbhai. Deceased Dullabhbhai as well as the respondents did not regularly pay the rent of the suit premises and according to the appellants respondents were in arrears of rent from 30-11-1970 to 31-8-1975 that is to say for a period of 57 months. The appellants claimed that they were in law entitled to claim only Rs. 216.00 being the arrears of rent which were legally recoverable by them within the law of limitation. The appellants terminated the tenancy by a notice dated 21-7-1975 and claimed posses- sion of the suit premises from them on the expiration of 31/08/1975 They also demanded arrears of rent.

(3.) The respondents contested the appellants suit by filing written statement at Exh. 16. They contended that they did not know that Saremal Vardhaji was the owner of the suit property. They further contended that Saremal was one of the partners in a firm of Messrs. Bhimaji Kanaji and that he used to collect the rent of the suit premises but not as an exclusive owner of the suit premises.