LAWS(MPH)-1982-3-42

FIRM DURGA PRASAD MAGNIRAM Vs. GANESH PRASAD

Decided On March 15, 1982
FIRM DURGA PRASAD MAGNIRAM Appellant
V/S
GANESH PRASAD Respondents

JUDGEMENT

(1.) This is an appeal by the unsuccessful plaintiff against the judgment and decree dated 30th Aug. 1975, passed by the Additional District Judge, Sagar, in C. S. No. 2-B of 1972, whereby plaintiff's suit for arrears of rent was dismissed.

(2.) It was not disputed between the parties that the defendant-respondent occupied a part of "Chintamani Bhavan" at Sagar since 1954, and prior to that, the said portion was occupied by one Dr. Surajprasad. With several riders in his pleadings, the defendant admitted that he was a sub-tenant of the plaintiff-firm in respect of the portion occupied by -him. The Bhavan was owned by firm Durgaprasad Mukharya. In execution of a decree passed in Civil Suit No. 88-B of 1957, the said Bhavan was sold on 7-10-1959 in court auction which was purchased jointly by Smt. Laxmi Bai (wife of present defendant) and one Ramcharan, son of Heeralal, the Managing Pariner of the plaintiff firm. The sale was confirmed on 1-1-1962, and the sale certificate was also issued on 25-7-1962. But the said auction sale was set aside by the High Court on 27-2-1969 in Misc. Civil Appeal No. 273 of 1968 at the instance of the judgment-debtor, Firm Durga Prasad.

(3.) In brief, the plaintiff's case was that it has obtained "Chintamani Bhavan" on monthly rental of Rs. 200/-from his owners and sublet only a part of it to the defendant respondent on a monthly rent of Rs. 100/-with implied permission of the owners/landlords. The defendant paid rent of the said portion to the plaintiff up to the year 1960 but thereafter failed to pay the same.