TULSABAI MAHADEORAO RAGHURTE Vs. GANGUBAI BABANRAO SARVE

JUDGEMENT

(1.) IN Regular Civil Suit No. 40/2000, the Small Causes Court at Nagpur, has passed a decree on 29th November, 2005, for recovery of arrears of rent of Rs. 1,28,012/ - along with the interest at the rate of 6% per annum from the date of filing of the suit till its realization. Regular Civil Appeal No. 98/2006 has been dismissed by the learned Ad -hoc District Judge, Nagpur, on 30th September, 2006. Hence, the original defendant is before this Court challenging the findings recorded by both the Courts below.

(2.) IN order to exercise jurisdiction under sub -section (1) of Section 26, reproduced above, the Small Causes Court has to record the finding that there exists the relationship of licensor and licensee or the landlord and tenant along with the monthly rent payable. The plaintiff has claimed arrears of rent with effect from 1st January, 1997 to 31st December, 1999, at the rate of Rs. 1500/ - per month. The suit is filed by the plaintiff through her grand son, who is the son of the defendant. It is thus a suit instituted by the mother against the daughter for recovery of arrears of rent. In absence of any finding being recorded by both the courts below about existence of relationship as landlord and tenant, no decree for an amount of Rs. 54,000/ - towards arrears of rent could have been passed. The decision of the courts below cannot, therefore, be sustained to that extent.

(3.) THE plaintiff has claimed the arrears of rent of Rs. 500 + Rs. 300 respectively said to have been collected by the defendant from the other tenants from January 1997 to December 1999. The Small Causes Court has granted a decree for Rs. 28,800/ - on this court. Apparently, such a relief is beyond the jurisdiction of the Small Causes Court exercising jurisdiction under Section 26 of the Provincial Small Cause Courts Act. The decree cannot, therefore, be sustained.