BHAGWATI PRASAD Vs. CHIRANJI LAL

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 19. 4. 93 passed by the court below rejecting an application filed under Section 5 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (hereinafter referred to as 'the Act, 1957') for stay and abatement of suit No. 7/92.

(2.) IN nut shell, facts of this case are that plaintiff- respondent filed a suit for recovery of rent and for eviction, in the court of Civil Judge (ACJM), Hinduan on 6. 4. 92 with regard to a residential house on the ground that the petitioner-defendant mortgaged the house to the plaintiff through a registered mortgaged deed dated November 3, 1989 for a consideration of Rs. 5,000/ -. However, it did not mention the rate of interest payable to the petitioner for the money advanced. The parties thereafter calculated interest @ 4% which came to the tune of Rs. 200/ -. According to the plaintiff as the rent was not paid, he was a defaulted and liable to be evicted. On this ground, he claimed arrears of rent at the rate of Rs. 200/- p. m. and eviction on the ground of default in its payment.

(3.) THE suit was for eviction and for recovery of arrears of rent. It was not a suit for recovery of money, which could be presumed to be added under the Act, 1957. Power given under the Act, 1957 is only for abatement of a suit by which debt is sought to be recovered. THE court below created under the Act, 1957 did not have the power to stay or abate the suit for eviction.