N NARAYANA REDDY Vs. KASHINATH RAO PATIL

JUDGEMENT

(1.) this revision petition is preferred against the order dated 1-6-1987 passed by the vii additional small causes judge, Bangalore city in S.C. No. 2514 of 1985. The facts relevant for the disposal of this revision petition, briefly stated, are as under:

(2.) plaintiff - respondent filed a suit against the instant petitioner-defendant praying for a decree in the sum of Rs. 5,000/- the same being the advance paid by him to the defendant at the time of his entry in the petition premises as a lessee. It was the case of the plaintiff that he was a tenant of the defendant for the period from 1-11-1979 to 31-1-1984. According to him, he was paying a rent of Rs. 600/- p.m. from 1-11-1979 to 31-1-1982 and thereafter, defendant gave him one more room which was constructed by him. According to him, he paid different amounts as detailed in the plaint in all amounting to Rs. 43,200/-. Plaintiff ceased to be a tenant from 1-2-1984. He demanded the amount of Rs. 5,000/- paid by him as advance at the time of his entry. He also demanded the excess rent said to have been paid by him to the defendant. Defendant promised to pay the amount and in fact, paid Rs. 200/- and Rs. 100/- in cash and also supplied milk worth Rs. 1,000/- from moti mahal hotel of which defendant is the owner. Having regard to the same, plaintiff restricted his claim only to the amount of Rs. 5,000/- which he had paid by w,ay of advance to the defendant when he entered petition premises as a lessee. On these allegations, plaintiff prayed for a decree in the sum of Rs. 5,000/- together with interest and costs.

(3.) defendant who is the instant revision petitioner resisted the suit of the plaintiff. While it is admitted by him that plaintiff was inducted in the suit premises on 1-11-1979, defendant denied the allegation made by the plaintiff that he ceased to be a tenant after 31-1-1984. Defendant asserted that plaintiff continued to be a tenant till 28-4-1984. According to defendant, the rent towards the suit premises was rs.600/- p.m. initially; but subsequently plaintiff took one more room and rent was enhanced to Rs. 1,000/- p.m. from 1-11-1981 and the same rent continued til 31-12-1982 and from 1-1-1983 rate of rent was further enhanced to Rs. 1,200/- p.m. by mutual consent, till the plaintiff vacated the premises on 28-4-1984. According to the defendant, the rent due from the plaintiff for the period from 1-11-1979 to 28-4-1984 was Rs. 51,6007- and plaintiff had paid a total sum of Rs. 43,200/- and that therefore, after deducting the amount of Rs. 5,000/- which was made over by the plaintiff to the defendant by way of advance an amount ofrs. 3,400/- was still due from the plaintiff. It was also averred by the defendant that on 8-1-1985 plaintiff issued a cheque for Rs. 1,000/- towards part payment of the arrears still due from him; but the cheque was dishonoured when it was presented to the bank. The allegation made by the plaintiff that the said cheque was given to the defendant towards the supply of milk of moti mahal hotel of which defendant is the owner. It was asserted by the defendant that moti mahal hotel was not engaged in milk vending business. Defendant prayed for the dismissal of the suit.