SHILADEVI Vs. BHAROSILAL

JUDGEMENT

(1.) THIS revision application by the plaintiff is directed against the order of the second Additional District Judge, Gwalior empowered to exercise the powers of small Cause Court. By the said order, the learned Judge held that the suit was not triable by the Small Cause Court as it was a suit for recovery of interest due on a mortgage and in this view of the matter he dismissed the suit.

(2.) THE plaintiff's case is that the house in question was mortgaged with him by the defendants and the possession of the same was also delivered to him. He goes on to state that after taking possession of the house he leased it out to the defendants on a monthly rent of Rs. 200 after getting a rent note Ex. P-1 executed in his favour. The defendant is alleged to have paid the rent up to feb. 1970 but not thereafter. Consequently the plaintiff brought the present suit for the arrears of rent from Feb. 1970 to June 1970.

(3.) THE defendants resisted the suit inter alia on the ground that the suit was not triable by the Small Cause Court. The learned lower court relying on AIR 1961 Madh Pra 152 dismissed the suit as being not triable by the Small Cause court.