KASINATH MOHANTY Vs. KUSUMA DEVI TRIPATHY

JUDGEMENT

(1.) The plaintiff-respondent filed a suit Title Suit No. 19 of 1981 for eviction and for recovery of arrear rent at the rate of Rs. 50/- per month.

(2.) The case of the plaintiff in short was that the suit house originally belonged to Mery Singh, wife of Laxman Rana Singh from whom he purchased the same on 22-7-1980 for a consideration of Rs. 3,000/- under a Regd. Sale Deed and took possession of the house on the same day. The defendant-appellant approached her for giving the suit house on rent, took the house on monthly rent of Rs. 50/- on 1-10-1980 on the condition that he would pay the rent within first week of every month and he would vacate the same as and when the plaintiff would require. The defendant having not paid the rent in spite of repeated demand and registered notices, the suit. The defendant denied the ownership of the plaintiff over the suit house. However, admitted that the suit house originally belonged to Mery Sing and she mortgaged the house in his favour on 6-4-1980 by way of usufructuary mortgage and in token of the transaction she executed an unregistered stamped document on 6-4-1980 and delivered possession of the suit house pursuant thereto. The defendant claimed that he is in possession and occupation of the suit house since then.

(3.) On the aforesaid pleadings, the learned Munsif framed five issues and decided all the issues in favour of the plaintiff and decreed the suit, recording the findings that the plaintiff is the owner of the house which he purchased from Mery Singh under a Regd. Sale deed on 22-7-1980. The mortgage in favour of defendant is not a genuine document. The defendant has taken the suit house from the plaintiff on monthly rent of Rs. 50/- with effect from 1-10-1980 and has defaulted in payment of rent.