ROCHALDAS Vs. TEKCHAND

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 24.02.2018 and order dated 08.09.2017 passed by 13th Civil Judge, Class-II, Indore.

(2.) The present petitioner/plaintiff has filed the suit for eviction and recovery of arrears of rent against the Respondent/tenant. According to the plaintiff, the Respondent is a tenant in a Shop No.3 which is a part of House No.77/2, B.K.Sindhi Colony, Indore. The defendant is a tenant by virtue of agreement dated 01.05.1988 with his mother Smt. Bhagibai @ Kalawati. The rent of the suit shop is Rs. 3,000-00 per month since last 3 years. That mother of the petitioner had executed a Will dated 16.04.1986 and also partitioned her properties between her 6 sons. The present petitioner got the present suit property by way of his â ..™th share. Thereafter the mother had expired on 18.08.1998. Now the brothers of the plaintiff have partitioned the property on 15.11.2013 and accordingly the plaintiff has become the owner of the present shit shop. Vide notice dated 15.12.2015 the tenancy has been terminated w.e.f. 31.12.2015 and he has directed the defendant/tenant to hand over the vacant possession of the suit shop. Thereafter the plaintiff has filed the suit for eviction on the ground of bona-fide need and default of payment of rent.

(3.) After notice in the suit, the defendant has filed the written-statement. The defendant has denied the relationship of landlord and tenant. According to the defendant he was a tenant of Smt. Bhagibai @ Kalawati, mother of the plaintiff and was paying the rent at the rate of Rs. 500-00 per month which is liable to be revised @ 10% after 3 years. All the legal heirs of Smt. Bhagibai @ Kalawati have not filed the suit, therefore, the suit at the instance of the plaintiff is not maintainable.