BHANWAR LAL Vs. RAM KISHAN

JUDGEMENT

(1.) This is an appeal by the plaintiff against the judgment and decree dated 6.1.1971 passed by Civil Judge, Bikaner, whereby the judgment and decree dated 30.7.1969 of Munsiff, Bikaner was upheld dismissing the plaintiff's suit for arrears of rent and ejectment.

(2.) Briefly, the plaintiff's case is that there is a house property belonging to him described in para 1 of the plaint. The said house, excluding one ora and open land, was let out by the plaintiff to the defendant on 19.8.1965 on a monthly rent of Rs. 30/- and the defendant executed a kabuliyat in favour of the plaintiff. The tenancy is a monthly tenancy and the month of the tenancy expires on 18th of every month. The defendant did not pay any amount of rent and a sum of Rs. 510/- is due from the defendant on account of rent with effect from 19.8.1965. Thus, the defendant has committed default in payment of rent. It was further alleged that the plaintiff sent a registered notice on 22.11.1966, which was received by the defendant on 23.11.1966, whereby the defendant's tenancy was terminated with effect from the mid-night of 18.12.1966. The plaintiff prayed for a decree for a sum of Rs. 51/- on account of rent and for ejectment of the defendant from the suit premises and also for damages for use and occupation during the pendency of the suit till the delivery of possession.

(3.) The defendant submitted his written statement in which he traversed the averments of the plaint and stated that the owner of the house is one Laxmi Narayan in whose favour Mathura Bai executed a will of which Laxmi Narayan has obtained a probate. He denied the plaintiff's tenancy and stated that the plaintiff has no right to sue and has no locus standi, in view of the fact that Laxmi Narayan has obtained a probate. It was also denied that he received any notice and further alleged that the notice is not legal and is not issued by a competent person. An objection as to the admissibility of the kabuliyat on account of insufficiency of stamp and non-registration was raised. In para 13 of the written statement, it was averred that the defendant took the house on rent from Laxmi Narayan and he has been regularly paying rent to him. In the end it was prayed that the plaintiff's suit be dismissed.