VITTHALRAO Vs. SHIVRATAN

JUDGEMENT

(1.) This revision under Section 115 of the Code of Civil Procedure has been directed against the order dated 20-11-1996 passed by the 10th Civil Judge Class II, Gwalior whereby application under Order 6, Rule 17, C.P.C. filed by the plaintiffs seeking permission to raise certain factual and legal pleas has been rejected.

(2.) The facts mentioned below would explain the cause for prefering this revision by the plaintiffs. According to the plaintiffs' case, the premises in suit which was initially open plot inside the Bada named 'Mahadik Sahab Ka Bada' in Dal Bazar, Lashkar, Gwalior was given on rent to the Predecessor-in-title of the defendants by Shakuntala Devi, predecessor-in-title of the plaintiffs, for the business of grain and oil-seed under a rent note executed as back as on 8-12-1953. It is not in dispute that there exists a mortgage deed executed on 14-7-1955 between the deceased landlady and the tenant in which the tenanted premises in suit were mortgaged by the landlady in favour of the tenant for a mortgage money of Rs. 2000/- with an agreement that the mortgage would be renewed after three years and till then the interest payable on the mortgage money shall be adjusted from the rent payable by the tenant to the landlady.

(3.) After death of Shakuntala Devi, the present plaintiffs as heirs and legal representatives of the landlady, served a legal notice dated 22-1-1986 on the tenants informing that they are willing to pay back the loan of Rs. 2000/- under the mortgage deed to redeem the tenanted premises and seek eviction of the tenants on the ground of their personal need.