HARIDEV MISRA Vs. JAMUNADAS AGARWAL

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal arises out of a suit filed by respondent (plaintiff) landlord in the court of Judge, Small Causes, Gorakhpur, for eviction of the appellants (defendant) tenant from the house in question on the ground of failure to pay the rent and for realisation of arrears of rent and electricity charges amounting to Rs. 2560. 60. It was pleaded that the tenant was to pay a monthly rent of Rs. 70. 00 apart from Rs. 3. 00 per month as water and electricity charges and was in arrears since July 1979 which he failed to pay. The appellant contested the suit mainly on the ground that the rate of rent was not Rs. 70. 00 per month but it was only Rs. 40. 00 and besides that he was provided with furniture by the landlord for which he was paying Rs. 30. 00 per month. His case further was that some time after the tenancy commenced, he returned the furniture.

(3.) The Judge, Small Causes court, by his judgment dated " 10/11/1983, dismissed the suit holding that the rate of rent was Rs. 40. 00 per month and as such the appellant was not a defaulter. The respondent filed a revision which was allowed by the Additional District Judge, Gorakhpur. The revisional court held that the rate of rent was Rs. 70. 00 per month. The appellant filed a writ petition against the revisional order before the Allahabad High court. The High court allowed the writ petition, quashed the revisional order and remanded the case for deciding the revision petition afresh. Thereafter, the revisional court again allowed the revision and set aside the judgment of the trial court and ordered ejectment. The appellant again challenged the revisional order by way of a writ petition before the Allahabad High court but the same was dismissed. Hence this appeal.