RAVINDRA KUMAR SHIVHARE Vs. DHANNOBAI

JUDGEMENT

(1.) THE plaintiff/appellant has come-up in the present appeal being aggrieved by the dismissal of his suit by the trial Court which has been affirmed by the Appellate Court. Plaintiff filed a suit for recovery of arrears of rent and the ejectment of the tenant from the house situated at Ghosipura, Ward No. 31, Shivpuri. The plaintiff alleged that he purchased the said house by a registered sale deed dated 28-11-84 from one Dhannobai, defendant No. 1 for a sum of Rs. 5000/- and obtained the possession of it. The other two defendants Jagannath and Vijay Singh had consented to the sale. It is alleged that having sold the said house, defendant/respondent No. 1 obtained the house on rent from the plaintiff. Rent note was also executed in favour of the plaintiff. Defendant No. 1 was inducted as a tenant at the rate of Rs. 125/- per month. Defendant did not pay the rent in spite of the notice dated 16-12-94. Defendants 1 and 2 refused to take notice, hence the suit for recovery of arrears of rent and restoration of possession was filed on June 19,1995.

(2.) IN the written statement defendants denied the relationship of landlord and tenant between the plaintiff and the defendants and contended that rent note was a nominal document and was not be acted upon. It was reduced to writing in Order to ensure the payment of loan amount which was advanced under the sale deed. It was a transaction of mortgage. Trial Court framed as many as 8 issues and came to the conclusion that the defendant was not occupying the house as tenant and the rent note is a nominal document and the plaintiff was not entitled to recover the rent under the rent note.

(3.) THE first Appellate Court agreed with the findings recorded by the trial Court and dismissed the appeal. The second appeal has been admitted on the following substantial questions of law :-