JAINENDRA KUMAR RANKA,J. - (1.) Instant first appeal is directed against the judgment and decree dated 29.10.1991 passed by the learned Additional District and Sessions Judge No. 3 Jaipur City Jaipur in Civil Suit No. 119 of 90 whereby the suit of the plaintiff-respondent against the defendant-appellant Rajasthan Financial Corporation for recovery of Rs. 41,118.75/- has been decreed.
(2.) The plaintiff-respondent filed a suit against the defendant-appellant asserting that the shop No.13 Sethi Colony, Jaipur was taken on rent by one Mr. Anant Ram s/o Shri Vaid Nath Jain owner of Anand Metal Industries from 01.02.1981 @ Rs.600/- per month exclusive of house tax and the rent note was executed in favour of the plaintiff-respondent. It was further averred that subsequently from 01.04.1982, the room situated on first floor of the shop was further taken on rent @ Rs.200 per month by the said Sh. Anant Ram and ultimately from 01.04.1984, the combined revised rent was Rs.900/- per month. The respondent-plaintiff further averred that the tenant paid rent only up to 31.08.1984 and as rent was due from 01.09.1984, a suit was filed by the plaintiff against the Anant Ram which was decreed on 18.02.1987. It was further averred that the defendant-appellant-corporation took possession of the rented premises/property on 01.08.1985 on account of default in payment of loan being committed by the tenant Anant Ram thus the defendant Corporation was using the property from 01.08.1985 and they were liable to pay rent from 01.08.1985 and hence rent and house tax totalling to Rs. 41,118.75/- was claimed in the suit.
(3.) The defendant-appellant entered appearance in the suit and by submitting their written statement contended that they have taken possession of the property under section 29 of the State Financial Corporations Act but the liability to pay rent was of the tenant. The date of taking possession being 01.08.1985 was admitted but it was averred that suit without impleading the tenancy was not maintainable.;