HEERA NAND Vs. ABDUL SATTAR

JUDGEMENT

(1.) This second appeal was filed by the original defendants Dr. Heeranand. He died during the pendency of this appeal. The appeal is now prosecuted by his legal representatives Smt. Basanti Devi and Prahlad. Rest of his legal representatives are proforma respondents.

(2.) The subject matter of the suit is a shop No. 13 in Hazi Abdulla building situated on the station road Jodhpur. Abdul Sattar plaintiff respondent alleged that the suit shop along with some other property was mortgaged with His Highness Maharaja Sahab Umaid Singhji of Jodhpur. The suit property came into the share of one Abdul Karim. His died. His legal representatives Mst. Rehmat, Mst. Zubeda and Smt. Abeda redeemed this property on 1.9.1966. During the subsistence of mortgage shop No. 13 was let out to Dr. Heera Nand on rent. With effect from 1.5.1963 he was paying Rs. 40.00 per month. After redemption Dr. Heera Nand started paying rent to the three ladies, Mst. Rehmat, Mst. Zubeda and Mst. Abeda. He paid rent from 1.9.66 to 30.11.67. On 18.11.67 the plaintiff Abdul Sattar purchased the suit shop from the three ladies. Dr. Heera Nand was informed about this transfer by notice dated 30.11.67 (Ex.4). He was asked to pay rent to Abdul Sattar from 1.12.66. The defendant did not pay rent. Abdul Sattar determined the tenancy by his notice dated 5.2.1968 with effect from 29.2.1968. This quit notice has also been marked as Ex.4 but I am now marking it as Ex.4A for the sake of convenience. On the tenant's failure to handover possession of the suit shop the plaintiff sued the defendant on the ground of default and sub letting. This suit is No. 299/1968 and is pending in the trial court. In that suit Dr. Heera Nand filed the written statement on 6.12.1968 (Ex.3). It has been alleged by Abdul Sattar that his title as well as that of the predecessor in title was denied by the defendant. On that basis he filed the present suit under section 13 (1) (f) of Rajasthan Premises (Control of Rent & Eviction) Act, 1950, (hereinafter referred to as 'the Act'), on 10.5.1969.

(3.) Dr. Heera Nand contested the suit by the written statements dated 16.8.69. The trial judge framed four issues on 31.10.69. They are, when translated into English as follows:-