BHOOP SINGH Vs. BHIORI LAL

JUDGEMENT

(1.) This Civil Revision has been filed by Bhoop Singh, defendant in Suit No. 1123 of 1967, on the file of Shri Jagdish Chandra, Judge, Small Cause Court, Delhi against the judgment and decree of the learned Judge dated 1st May, 1968, decreeing the said suit for Rs. 200.00 against him.

(2.) The respondent herein, Bhori Lal, filed the aforesaid suit against the petitioner herein for recovery of Rs. 200.00 made up of Rs. 80.00 on account of arrears of rent for 8 months @ Rs. 10.00 per month for the period 1st March, 1967, to 31st October, 1967, and Rs. 120.00 on account of damages at the rate of Rs. 15.00 per month tor 8 months, viz., from 10th March, 1967, to 10th November, 1967. The respondent alleged in his plaint that the petitioner herein was his tenant in respect of one room on the first floor of his house at a monthly rent of Rs. 10.00, and that the petitioner had also been using illegally the roof on the first floor which was not in his tenancy for which the aforesaid damages had been claimed.

(3.) The petitioner (defendant) resisted the suit, and pleaded in his written statement that the Court had no jurisdiction to try this suit on the ground that the claim in the plaint regarding damages or compensation for the alleged wrongful use and occupation of the roof was barred by the provisions of the Small Cause Courts Act. He also pleaded that the suit was bad for mis-joinder of causes of action for the reason that the causes of action, namely, arrears of rent and compensation, were included in the suit. He further pleaded that the claim for recovery of damages on account of the alleged wrongful use and occupation of the roof was barred by the principle of res judicata in as much as Bhori Lal had previously instituted a Suit No. 716 of 1967, against him for damages for alleged illegal use and occupation of the roof for the period 1st September, 1966, to 28th February, 1967, and the said suit was dismissed by Shri H. M. Malik, Additional Judge, Small Cause Court, Delhi, on 21st April, 1967. On the merits, the petitioner (defendant) pleaded that he was in occupation of the whole of the first floor which was comprised of a room, a tin shed in front of the room, and a small terrace in front of the room, as a tenant for the last 30 years, and the rent for the whole of the said accommodation was Rs. 10.00 per month. He denied that he was in illegal and unauthorised occupation of the roof in question, and pleaded that he was not liable for any damages. As regards the arrears of rent, he pleaded that he sent a money order tor Rs. 70.00 to the respondent (plaintiff) on account of the arrears of rent for the period from 10th March, 1967, to 10th October, 1967, which was then due, but the respondent (plaintiff) refused to accept the same. He prayed that the suit may be dismissed with costs.