MAGAN AUTOMOBILES Vs. ASHOK S/O LAXMANDAS KRISHNANI

JUDGEMENT

(1.) By this revision, the applicant challenges the judgment passed by the Additional Chief Judge, Small Causes Court, Nagpur on 24.02.1999 in Civil Suit No.567/1995 as also the judgment passed by the Additional District Judge, Nagpur on 18.04.2006 in Regular Civil Appeal No.235/1999, whereby the suit filed by the non-applicant for recovery of arrears of rent was decreed.

(2.) The non-applicant had filed a suit for recovery of sum of Rs.22,500/- from the applicant on account of arrears of rent from 01.05.1993 to 31.10.1995 at the rate of Rs.750/- per month. The suit shop was let out to the applicant/tenant by one Shri Laxmandas. The agreed rent was Rs.750/- per month. Laxmandas had a daughter by name Mohinibai who had a son and since Laxmandas had taken Mohinibai's son in adoption, after the death of Laxmandas, he became the owner of the properties left behind by Laxmandas. The adopted son of Laxmandas is the present respondent who had filed the suit for recovery of arrears of rent.

(3.) The defendant/applicant contested the suit but, admitted that he was the tenant in the suit premises. According to the defendant, the plaintiff was not the legal heir of Laxmandas, and Mohinibai, the only daughter of Laxmandas was his legal heir. According to the defendant, the plaintiff was not the landlord of the suit property, and therefore, could not have filed the suit for recovery of arrears of rent.