Decided on June 30,2005

M P Rajya Setu Nirman Nigam Appellant
Jaikishore Jaiswal Respondents


- (1.) THIS is an appeal directed against the judgment and decree dated 121 02/1993 passed by 1st Additional District Judge, Jagdalpur, in Civil Suit No.5B/90, by which the suit filed by the plaintiff - respondent for recovery of rent Rs.85,941/- with interest has been decreed.
(2.) THE respondent is the owner of the plot bearing No. 8/2 area 75072 Sq.Ft. The godown situated over the plot was let out to the appellants/defendants on a monthly rent of Rs.800/-. Subsequently, since 01.06.1983, the open area was also taken on rent and occupied by the appellants. Appellant No.2 wrote a letter to Collector, Bastar for fixation of rent. Collector Bastar assessed the rent @ Rs. 1061 /- per month and made payable from 01.06.1983, but appellants did not make any payment towards the rent The appellants were served with legal notice under Section 80 of the Code of Civil Procedure and thereafter claiming arrears of rent, from 1-6-1983 to February, 1990, i.e. Rs.85,941/- with interest, a suit had been filed by the respondent. The appellants have admitted that the disputed land is in their possession and they are using it. For fixation of rent, they asked the Collector, Bastar, who fixed the rent Rs. 1,061/- per month, but now they started raising voice saying that the Collector, Bastar had no right to fix the rent and the rent so fixed is exorbitant and arrears of rent so claimed by the respondent is barred by limitation. The appellants further pleaded that the respondent has no right to recover arrears of rent prior to April 1987, and without execution of written contract between the parties, the respondent has no right to enforce his claim Learned lower Court, after due appreciation of evidence on record, held that, the Collector, Bastar was empowered to fix the rent The suit is not barred for recovery of rent prior to April 1987. Upto February, 1990, the amount due as rent comes to Rs.85,941/- and the respondent is entitled to recover the same with interest at the rate of 6% per annum.
(3.) LEARNED counsel for both the parties are heard. Record of lower Court perused.;

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