MAHAVEER PRASAD Vs. SAYRA DEVI

JUDGEMENT

(1.) These cross writ petitions have been filed by the parties to the suit aggrieved each against part of the order dated 24.4.2015 passed by the court of Additional District Judge, Bhadra, District Hanumangarh, whereby the application filed by the plaintiff challenging the admissibility of the document dated 15.5.1973 on account of same being unstamped has been accepted, however, it has been held that the document did not require registration.

(2.) The plaintiff -Sayar Devi filed a suit against the defendant - Mahaveer Prasad for possession of the shop, arrears of rent and mesne profit. The plaintiff claimed that the suit property belongs to her father -in -law Pratap Mal Ji, which was succeeded by her through will; the rent was paid till 31.12.2006, whereafter the rent has not been paid, tenancy has been terminated by issuing notice under Sec. 106 of the Transfer of Property Act, 1882 ('T.P. Act') w.e.f 31.1.2009, which notice has been received by the defendant and based on the said averments, the reliefs as indicated were claimed.

(3.) The defendant filed a written statement inter -alia indicating that probate of the will has not been obtained and in absence of succession certificate, it cannot be said that the plaintiff has legally succeeded to the property and therefore, the suit was liable to be dismissed; the rent is not monthly but yearly; the shop was taken on rent in the year 1973 with annual rent of Rs. 1200/ -; no default has been committed; the rent was not accepted despite repeated attempts made by the defendant and he was prepared to make payment of the arrears; the notice is not valid and no default has been committed.