MINOR MANOJKUMAR SURESHCHANDRA SHARMA Vs. RAMBHAROSE MITHALAL

JUDGEMENT

(1.) This Civil Revision Application which is filed under Sec. 115 of the Code of Civil Procedure, 1908, is directed against the judgment and order dated 10/09/1993 passed by the learned Judge, Small Causes Court, Ahmedabad rejecting the Distress Warrant Application filed by the applicant under Sec. 53 of the Presidency Small Causes Courts Act, 1882.

(2.) The applicant claims to be the owner of the premises bearing Municipal Census No. 475/2 situated outside Delhi Darwaja, opposite Lalakaka Market, Ahmedabad. It is the case of the applicant that when the applicant purchased the disputed premises in the year 1991 from its original owner Ramanlal Laljibhai, the opponent was running a Hotel in the premises bearing Municipal Census No. 475/1 and as the opponent needed additional space for his sweet shop, he hired the premises bearing Municipal Census No. 475/2 from the applicant in the year 1991 and agreed to pay rent of Rs. 2,000/- per month excluding Municipal tax and education cess. Further, it is the case of the applicant that the opponent was irregular in payment of rent and did not pay rent from October 1, 199 1/08/1992 and an amount of Rs. 22,000.00 was due and payable by the opponent to the applicant. In the circumstances, the applicant instituted distress warrant proceedings under Sec. 53 of the Presidency Small Causes Courts Act, 1882 ('the Act' for short) in the Small Causes Court at Ahmedabad and prayed the Court to issue distress warrant for an amount of Rs. 22,000.00 against the opponent. The Small Causes Court, Ahmedabad on submission of application, initially issued distress warrant by an order dated 17/09/1992.

(3.) On notice being served, the opponent contested the application for issuance of distress warrant submitted by the applicant vide reply at Exh. 9 and contended, inter alia, that he has not hired or taken on lease any premises bearing Municipal Census No. 475/2 from the applicant and there being no relationship of landlord and tenant between the parties, with regard to property bearing Municipal Census No. 475/2, the application should be dismissed. The opponent also contended that his father had hired one premises before 50 years and started business in the name and style of 'Rambharose Hotel' and the said premises is bearing Municipal Census No. 475/1/1. The opponent has raised a contention in the written statement that there are two rooms in his possession as tenant, out of which in one room he is running the business of hotel and shop which is abutting on the main road and behind the said loom, there is a Chokdi, water tap, drainage, water tank, etc.; whereas on the western side there is another room which is being used for godown purpose as well as for residential use of the servants. According to the opponent, serious disputes are going on between the opponent and the applicant in respect of the premises bearing Municipal Census No. 475/ 1/1 and the suits are also pending in the Small Causes Court at Ahmedabad, but he ha s not hired any premises bearing Municipal Census No. 475/2 from the applicant and, therefore, there is no question of paying monthly rent of Rs. 2,000.00 to the applicant at all. After emphasising that the facts stated by the applicant, in the Distress Warrant Application are concocted, the opponent has stated that he has not taken on lease any property bearing Municipal Census No. 475/2 from the applicant and, therefore, the Distress Warrant Application should be dismissed by the Court.