YAGYANARAIN Vs. DAMDAN

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the learned Addl. District Judge No. 2, Jodhpur dated May 25, 1992 by which he has allowed the appeal and set-aside the order of the learned Addl. Civil Judge No. 1, Jodhpur dated February 02,1991, determining the amount of arrears of rent and interest at Rs. 11,785,40/ -. The facts of the case giving rise to this revision petition may be summarised thus.

(2.) THE plaintiff-petitioner filed a suit for recovery of arrears of rent and ejectment against the defendant-non-petitioner with the averments, in short, that the defendant-non-petitioner is in possession of the suit premises on monthly rent of Rs. 110/- since the year 1981, he has not paid the rent since July, 1992, he is creating nuisance and despite service of notice he has not vacated it. THE defendant admits in his written-statement that the suit premises belonged to the plaintiff and denied the remaining averments made in the plaint. He further averred in his written-statement that the plaintiff agreed to sell the suit premises to his wife for Rs. 4,000/- she is in possession and occupation thereof in pursuance of the said agreement and as such the relationship of land lord and tenant ceased to exist in between the parties. THE trial Court determined the amount of arrears of rent and interest at Rs. 11,785. 40/- by its order dated February 02,1991. THE defendant-non-petitioner filed appeal against this order and it was allowed by the learned Addl. District Judge No. 2, Jodhpur holding that the relationship of land-lord and tenant is necessary before determining the amount of rent and such a relationship does not exist in between the parties.

(3.) ACCORDINGLY, the revision petition is allowed. The Order of the learned Addl. District Judge No. 2, Jodhpur dated May 25,1992 is set-aside and the order of the Addl. Civil Judge No. l, Jodhpur is restored , .