BABOOLAL GYANSINGH Vs. SUNDERLAL MUNNALAL

JUDGEMENT

(1.) This revision under Section 25 of the Provincial Small Cause Courts Act is by the plaintiff-against the decree, dated, 3-2-1960, passed by Shri R. K, Shukla, Second Additional District Judge. Bhopal, empowered under Section 9 of the M. P. Courts Act, 1958, in Small Cause Suit No. 145 of 1959.

(2.) The applicant filed the present suit tor recovery of Rs. 250/- as rent for the period from 26-6-1956 to 26-7-1959, on the basis of a rent note, dated. 26-9 1955 (Ex. P-1). The plaint alleged that the rent was claimed, as the plaintiff was owner of the suit house.

(3.) The non-applicant, in his defence, denied that the plaintiff was owner of the suit house. On the other hand, he alleged that the plaintiff was a mortgagee with possession on the strength of a registered mortgage deed dated, 26-91955 for a consideration of Rs. 200/-. The rent note, in tact, was by way of interest upon the mortgage. The rate of interest agreed to in the guise of a rent note was excessive, as it was at the rate of Rs. 3/8/- per cent per month. He further alleged that he had paid an amount of Rs. 231/-, as was evidenced by the receipt, dated, E6-9-1956 (Ex. D-1). As he had paid the said amount in full satisfaction of the mortgage claim with interest, nothing was due, and, therefore, the mortgagee could not maintain the present suit. The said receipt also recited that all rent upto that period namely, 26-9-f956 had been paid. As such, the non-applicant had paid some more amounts in small instalments besides the amount of Rs. 231/-.