RAMACHANDRA DAS Vs. HIRALAL MODI

JUDGEMENT

(1.) The unsuccessful defendant in both the Courts below is the appellant in this second appeal.

(2.) The plaintiff had filed a suit in his capacity as the trustee of Parbati Bai estate against the unsuccessful defendant who was a tenant in respect of a house situated in Behodebehari Lane, Town Cuttack on a monthly rent of Rs. 125/-. The defendant fell into arrears of rent from 1-9-1970. So the suit was filed for realisation of rent of Rs. 4,500/- from 1-12-1970 to 1-12-1973, the claim for rent for some months having been given up as barred by limitation.

(3.) The defendant substantially took the plea in the written statement that the suit is not maintainable in law on the ground that the plaintiff has no locus standi to file the suit because Narsingha Das and Onkarmal were the trustees of the Parbati Bai estate and not the plaintiff. Besides, points of limitation had also been raised.