LAWS(MPH)-2019-12-5

JAGDISH S/O GANGARAMJI Vs. RAMGOPAL @ GOPAL

Decided On December 07, 2019
Jagdish S/O Gangaramji Appellant
V/S
Ramgopal @ Gopal Respondents

JUDGEMENT

(1.) Petitioners have filed the present petition being aggrieved by the order 10.05.2019 whereby learned IIIrd Civil Judge Class-I, Mandsaur has dismissed the application filed under Order 14 Rule 5 of the CPC.

(2.) Facts of the case in short are as under: Plaintiffs have filed a suit for eviction and recovery of arrears of rent. According to the plaintiffs they are owners of house No.113 Nayapura Road, Mandsaur which they got by way of succession from their father Gangaram. The defendant No.1 was inducted as a tenant. He paid the rent up to 31.12.2010 at the rate of Rs.120/- per month. The plaintiffs served a notice to defendant No.1 and in reply to the said notice the defendant No.1 has informed that the defendant No.2 (wife of defendant No.1) is the owner of house in question by virtue of sale deed 25.07.1992 executed by Kanchanbai, therefore, they are not tenant but owner of the suit property. In para-6 the plaintiffs have prayed that the defendants be directed to prove the sale deed as the sale deed is not a registered document, however, the plaintiffs have claimed the relief of eviction, arrears of rent and possession. According to the plaintiffs they have also valued the suit for the relief of possession on the basis of ownership.

(3.) The defendants No.1 and 2 both have filed a separate reply. The defendant No.1 has denied that he is tenant in the house because his wife defendant No.2 has already purchased the house, therefore, there is no relationship of landland and tenant. The defendant No.2 has also filed the written statement in the same line.