AHMADNOOR Vs. RAM LAL

JUDGEMENT

(1.) This is defendant's revision filed under Sec. 25 of the Provincial Small Cause Courts Act, directed against the judgment and decree dated 23-9-82 passed by the Small Cause Judge, Thandla, Camp-Petlawad in Small Cause Suit No. 8 of 81, whereby he has decreed the plaintiff-respondent's claim for house rent of Rs. 150 /- plus costs.

(2.) The facts giving rise to this petition may be stated, in brief, thus; According to the plaintiff he is the owner of house No. 61, Subhash Marg, Petlawad in which the defendant is his tenant on a monthly rent of Rs. 40 /-. That the petitioner had mortgaged the suit house with one Pannalal for Its. 3000.00 and in lieu of interest which was to be paid to Pannalal, the defendant was directed to pay the monthly rent of Rs. 40.00 to Pannalal instead of the same being paid to the plaintiff and that on 1-4-81 the plaintiff redeemed the mortgage and the defendant was asked to pay the rent thereafter to the plaintiff. As the defendant failed to pay rent for the month of April and May, 1981 the plaintiff served him with a notice Ex. P-4 of which defendant gave reply Ex. P-5. The Plaintiff, therefore, filed the present suit for recovery of rent for the months of April, May, June and July, 1981 amounting to Rs. 160.00 in all.

(3.) The defendant by his written statement denied the plaintiff's title also denied the relationship of landlord and tenant and also urged that there is a dispute regarding the title of this house and consequently the Small Cause Court has no jurisdiction to try the suit.