LAKSHMAN GIDWANI Vs. THIMMAMMA

JUDGEMENT

(1.) The Second Appeal is against the Judgment and decree of the Court of Small Causes, Mysore dated 23-11-1977 confirming the Judgment and decree of the Court of First Additional First Munsiff, Mysore, in O.S No. 794 of 1969 for arrears of rent filed by the respondent. The trial court decreed (he suit on 30-10-1976 for Rs, 1,209-88 paise being arrears of rent up to 1-10-1969, current interest was not allowed and parties were directed to bear their own costs.

(2.) The Appeal came up before the Court of Small Causes, Mysore, on a special Notification of the High Court in No. ROC. 3024/68-69, dated 20-10-1969, empowering that court to try appeals, against the Judgments, orders and decrees of the Principal First Munsiff, Mysore, and under this Notification and the power confirmed under it, the learned Judge of the Small Causes Court tried the suit after it was transferred to his file by the order of the District Judge from the file of the Principal Civil Judge, Mysore. The Appellate court agreed with the trial court that privity of contract between the Appellant and the Respondent on the point of lease was proved and even on the quantum of rent due, the Appellate court did not find any reason to interfere.

(3.) In the Second Appeal, the contentions raised were, firstly that no opportunity was given to examine the Hand Writing Expert when the appellant had disputed the letter said to have been written by the respondent at the commencement of the tenancy; secondly, both the courts below committed an error in holding that there was privity of contract between the appellant and the respondent. The appeal was admitted only on these two substantial questions of law though there were other two grounds with regard to the appreciation of documentary evidence.