NARAIN DASS Vs. KARAM CHAND

JUDGEMENT

(1.) This revision petition was filed by the defendant in a suit. No. 429 of 1965, in the Court of the. Subordinate Judge, Delhi, against an order of the learned Subordinate Judge, dated 28-7-1967, cancelling his earlier order issuing a commission for the examination of a witness, and directing the issue of a fresh commission for the examination of the said witness.

(2.) The aforesaid suit was filed by the respondent (plaintiff) tor the recovery of Rs. 1,786 on account of alleged arrears of rent in respect of a portion of a house. The petitioner (defendant) took on lease the house in question, viz.. House No. 2187, Gali Hinga Beg, Phatan Habash Khan, Delhi, from its landlord on or about 8-2-1948. The said house was subsequently declared as evacuee property in May or June, 1948. The Custodian, on taking over the property, confirmed the tenancy of the petitioner (defendant), and fixed the rent payable by the petitioner (defendant) at Rs. 70 per month. According to the petitioner (defendant), he sub-let a portion of the house to the respondent (plaintiff) tor which the respondent (plaintiff) agreed to pay Rs. 35 per month The petitioner (defendant) alleged that the respondent (plaintiff), after some time, stopped the payment of the rent, that the Custodian, however, recovered the rent at the rate of Rs. 70 per month from the petitioner (defendant) by deducting the same from the compensation due to the defendant for his property left in Pakistan, and tor some balance that remained, the petitioner (defendant) purchased claims from other evacuees and tendered the same in payment of his rental dues to the Custodian.

(3.) On or about 31-1-1958, the property was auctioned by the Custodian, and the respondent (plaintiff) purchased the same and obtained provisional possession of the same on 24-3-1962. The petitioner (defendant) was asked to attorn to the respondent (plaintiff) with effect from 24-3-1962. In that manner, the petitioner (defendant) became a tenant of the respondent (plaintiff).