- (1.)THE unsuccessful plaintiff has preferred this appeal against the decision dismissing his suit for realisation of arrears of house rent from the defendant in respect of the house situated in Cuttack town bearing holding No. 431 in ward no. 15 of Cuttack Municipality. The house is situated at Badhei Sahi, Buxi bazar.
(2.)PLAINTIFF's case is that the is the owner of the house and defendant is a monthly tenant under him in respect of the house on a monthly rent of Rs. 400/ -. The defendant defaulted payment of the house rent from May, 1973 and hence he filed the suit for recovery of arrears of house rent together with costs and interest on the same. The case of the defendant is that on 30-11-1960 he was inducted as a tenant in respect of the suit house under the plaintiff for one year on annual rental of Rs. 2,400/ -. He was paying rent regularly till 1-3-1966. He was never a monthly tenant under the plaintiff. On 1-3-1966 the plaintiff entered into an oral agreement with the defendant for sale of the house including the surrounding lands for a consideration of Rs. 30,000/ -. As the defendant was not ready with the entire consideration money, it was decided that the plaintiff would receive rs. 200/- towards consideration and Rs. 200/-towards interest every month till the registration of the document-and payments towards consideration would be adjusted at that time. Accordingly, plaintiff gave delivery of possession of the holding. Thereafter, defendant has constructed septic tank latrines and has made other improvements to the building. Towards the later part of 1973, the plaintiff came forward with a demand of Rs. 10,000/-more towards the consideration, but the defendant did not agree. The plaintiff filed one case before the House Rent Controller, Cuttack for eviction of the defendant and hag also filed the present suit.
(3.)THE trial Court has held that there was relationship of landlord and tenant between the plaintiff and the defendant; there is no agreement for monthly payment of Rs. 400/- as rent between the parties; the plea of the defendant about contract to sell the suit house to him is a myth and a cooked up story; and the defendant has not paid arrears of house rent from May, 1973. The trial court has dismissed the suit as plaintiff has no cause of action, inasmuch as there is no evidence for his claim of house rent at the rate of Rs. 400/-per month, and the suit on that count is not maintainable.