DEVIDUTTA AGARWALLA Vs. MOHANLAL TEBRIWAL

JUDGEMENT

(1.) Plaintiff is appellant against dismissal of suit for realisation of arrear house-rent.

(2.) Case of plaintiff that defendant was a monthly tenant under him in respect of a house in Jharsuguda town within Municipal area to which Orissa House Rent Control Act was applicable. Since 1963 the monthly rent was @ Rs. 200/- payable on the first week of every month. When defendant defaulted to pay the rent from January, 1970 and initiated litigation against plaintiff and his family members, paintiff had to approach the house rent controller for eviction of defendant on the ground of wilful default in payment of monthly rent. House Rent Controller directed eviction of the defendant accepting case of plaintiff. Thereafter, this suit has been filed in the year 1973 for arrear of house rent for the period between 1-1-1970 to 30-4-1973, amounting to Rs. 8,000/-.

(3.) Defendant contested the suit denying the claim. While not disputing his relationship as monthly tenant, it is stated that monthly rent from 1958 was Rs. 50/- only. Plaintiff borrowed an amount of Rs. 6,000/- from defendant and it was stipulated that interest on the said amount is to be adjusted towards monthly rent. Suit for realisation of arrear monthly rent by plaintiff is not maintainable as other persons are also owners of the house and as such landlords entitled to the said amount.