BHULIBAI WIDOW OF PRITAM SINGH Vs. RAVISHEKHAR MEHTA

JUDGEMENT

(1.) THIS is a revision against judgment dated 18-7-1979, passed by Additional District Judge, Sheopur, whereby he has affirmed the judgment and decree dated 2-1-1979 passed by the trial Court, decreeing the suit for recovery of rent brought against her by the plaintiff-non-applicant.

(2.) FACTS essential for decision of this revision are as under : the plaintiff-non-applicant brought the suit giving rise to the present revision on 27-10-1976, on the allegations that the defendant-applicant herein had mortgaged with possession the suit house situated in Bains Pada, Kila, road, Sheopur by executing a mortgage deed dated 28-4-1970 for Rs. 4,500 in respect of the transaction; that on the same day, the defendant took back the said house on lease by executing a rent note whereby she agreed to pay rent Rs. 90 per month: that the rent is due with effect from 28-8-1975. Accordingly, the plaintiff claimed a decree for arrears of rent Rs. 1,170 for the period between 28-8-1975 to 27-9-1976.

(3.) THE defendant-applicant herein admitted the factum of mortgage and execution of rent-note and resisted the claim of the plaintiff, inter alia, on the grounds that she is a marginal farmer within the contemplation of section 4 of the Madhya Pradesh Gramin Rin Vimukti Tatha Rin Sthagan adhiniyam, 1975 (Act No. 32 of 1975-for short the Act): that as a consequence ensuing from commencement of the Act, the mortgage stood redeemed and the right of the plaintiff to recover rent has disappeared and that the plaintiff is merely entitled to a decree for Rs. 144 for rent due prior to commencement of the Act.