KANHAIYALAL Vs. KANTI LAL

JUDGEMENT

(1.) THIS is a plaintiffs' appeal against the appellate order dated 9th July, 1958 of the District Judge, Jaipur-District, Jaipur returning the appellants' plaint for presentation to the proper Court.

(2.) THE relevant facts are these: the plaintiff Seth Gulab Chand, now dead and represented by his heirs and legal representatives Kanhaiyalal and Ramdas instituted a suit in the court of Civil Judge, Jaipur District, Jaipur for the recovery of Rs. 2,64412-6. The plaintiff's case was that he was a tenant of rooms Nos. 26 and 28 on the second storey of a building on Mumba Devi-Road, Bombay belonging to the estate of Laxmi Narain Gamedali and was liable to pay rs. 35/-per month as rent and Rs. 6-5-0 as municipal tax every half year. According to the plaintiff, sometime in the samvat year 2001 chhiganlal on behalf of the joint family firm, now represented by Kantilal and Kusumchand, took the said room from the plaintiff as a licensee and agreed to pay in addition to the rent and the municipal tax an additional sum of Rs. 700/- per year on account of good-will. Alleging that the defendant-firm did not pay the amount for the good-will for three years (sm. years 2007, 2008 and 2009) and did not even pay rent and municipal taxes for about fifteen months, the plaintiff instituted a suit for the recovery of Rs. 2,644-12-6.

(3.) THE suit was resisted by the defendants and they inter alia pleaded that the jaipur Court had no jurisdiction to entertain the suit.