MOHANI DEVI Vs. SH GOKAL CHAND

JUDGEMENT

(1.) EIGHT tenants filed separate interpleader suits in which Shri Sanatam Dharara Satsang and Janj Ghar through Shri Satinder Kumar Chhabra, was impleaded as defendant No. 1 and Smt Mohani Devi as defendant No. 2. The facts in all the seven eases are similar and identical Detailed facts are being mentioned from the suit filed by Gokal Chand, oat of which Civil Revision No. 2914 of 1989 has arisen.

(2.) IN the plaint he stated that he as tenant of defendant No. 1 at the rate of Rs. 250/- per month, which was later on raised to Rs. 200/- per month The only relevant fact to be noticed from the plaint is that both the defendants came to the plaintiff separately and threatened him to pay rent and in view of this the suit was filed.

(3.) IN the written statement filed by defendant No. 1, he admitted that plaintiff was its tenant at the rate of Rs. 250/- per month In the written statement filed. by defendant No. 2, it was pleaded by way of preliminary objections that the interpleader suit was not maintainable in view of Order 33 Rule 5 of the Civil Procedure Code (for short 'the Code'), and that it was filed in collusion with defendant No. 1. On merits it was pleaded that the shops, Dharamshala etc. belonged to Shri Sanatam Dharam Istri Satsang and Jani Ghar and Behan Mohani Devi was its President and in September, 1983 the name of the Sabha was changed to Sri Raghunath Mardir Manila Satsang and Janj Ghar and St was got registered of which Smt. Mohani Devi was the president. It was specifically pleaded that defendant No. 1 had no concern with the shops in dispute and the tenants wanted to evade payment of rent, and, therefore, he in collusion with defendant No. 1 filed a suit. It was also pleaded that the defendants had been paying rent to the society of which defendant No. 2 was the presiden upto 31st May, 1911 and since 1st June, 1988 they had stopped paying rent.