LAWS(ORI)-1984-7-29

MAYADHAR BEHERA Vs. BHAGABAT NATH

Decided On July 24, 1984
Mayadhar Behera Appellant
V/S
Bhagabat Nath Respondents

JUDGEMENT

(1.) PLAINTIFF is the petitioner against the order of the Teamed Munsif, Jajpur, staying the hearing of the money suit till disposal of Title Suit No. 8 of 1978 in the Court of Munsif, Jajpar.

(2.) PLAINTIFF 's allegation is that the house which is a shop room; belongs to both plaintiff and defendant No. 2 who are the two brothers. Plaintiff has let out the house on monthly rent to defendant No. 1 since the middle of 1974, The monthly rent was agreed @ Rs. 50/ -. Defendant No. 1 has not paid rent since September, 1974. He denied to pay the rent since 3rd August, 1977. Hence, Money Suit No. 310 of 1977 has been filed for recovery of arrear monthly rent for the period 1. 9, 1974 to 30.11.1977.

(3.) AFTER the written statements were filed, plaintiff filed an application for amendment of the plaint to incorporate the explanation that Nityananda Das is an imaginary name and defendant No. 1 is not the amployee of Nityananda. He has further claimed in the amendment that Biraja Talkies has no right, title or interest over the disputed house. The correct plot number and other description of the house was also given. This amendment was allowed and the plaint has since been amended. An additional written statement has been filed by defendant No. 1 where, it has been alleged that in Title Suit No. 8 of 1978 pending in the Court of Munsif, the plaintiff of that suit, i. e., defendant No. 2 has impleaded Biraja Talkies and its partners including the plaintiff of this Suit, (petitioner) as defendants.. The other partners categorically stated that they have possession over the suit house.