JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. These appeals are filed against the final judgments and orders dated 27.11.2009 in Second Appeal No. 1097 of 2007 and 15.01.2010 in Review Petition No. 656 of 2009 passed by the High Court of Judicature at Jabalpur, Madhya Pradesh whereby the High Court dismissed second appeal and the review petition filed by the appellant herein.

3. In order to appreciate the short controversy involved in these appeals, few relevant facts need mention infra.

4. The appellant is the plaintiff (Landlord) whereas the respondent is the defendant (Tenant).

5. One Rai Bahadur Motiram Mathuradas was the original owner of the several houses bearing nos. 58, 58-A, 58-B, 58-C, 58-D, 395, 397, 397-A, 398 to 403, 403-A to 403-D and servant quarter Nos. 1-16 situated at Street Nos. 10 & 11, Sadar Bazar Cantonment Jabalpur known as "Moti Bada" later known as "Allaha Baux compound". Rai Bahadur Motiram Mathuradas inducted respondent as his tenant in House no. 402 (hereinafter referred to as "the suit house") on monthly rent of Rs. 80/-.

6. Rai Bahadur Motiram Mathuradas was an income-tax asseesee. He did not pay his taxes and thus became the defaulter under the In