GRANDHI PADMANABHAM Vs. RAJESH GOTHI

JUDGEMENT

(1.) Heard Sri T.S. Anand the learned counsel representing the revision petitioner and Sri Vijay, the learned counsel representing the respondent.

(2.) The C.R.P. is filed under Section 25 of the Provincial Small Cause Courts Act, in short hereinafter called as "Act", as against the judgment and decree made in S.C. No. 55/98 on the file of Principal Junior Civil Judge at Vizianagaram. The suit filed by the revision petitioner-plaintiff for recovery of a sum of Rs. 3,456.00 with subsequent interest was dismissed by an order, dated 10-11-2000, and aggrieved by the same, the present C.R.P. is filed.

(3.) It is the case of the revision petitioner- plaintiff that the father of the respondent- defendant was inducted as tenant in the plaint schedule shop in the year 1968 on a monthly rent of Rs. 300.00 payable on first of every succeeding month and subsequent thereto, the rent was enhanced to Rs. 400.00 per month and the father of the respondent- defendant died in the month of April, 1995. While, he was the tenant of the said shop and the respondent-defendant, the son of late Harasmal Ghoti has continued the tenancy of the said shop from the month of May, 1995 and the respondent-defendant had paid rents till the end of June, 1997 and thereafter he had not paid rents inspite of repeated requests and thus, he had committed wilful default in payment of rents from July onwards. It was also pleaded by the revision petitioner-plaintiff that he used to issue receipts for the rents paid by the respondent-defendant and hence, for recovery of the aforesaid arrears of rent, the suit was instituted.