SHAKUNTALA DEVI Vs. N D KHULLAR

JUDGEMENT

(1.) This is a Civil Revision Petition to revise the order dated 2-3-1977 in suit No. 125 of 1976 deciding a preliminary issue framed by the Court and directing the defendant to pay court-fee on a sum of Rs. 2,875 in the following circumstances.

(2.) The plaintiff was the owner of premises No. F 25 Nizamudin West New Delhi. The defendants were the legal representatives of Sri Daulat Ram who was the tenant of the premises. The tenancy was terminated by the plaintiff by a notice dated 1-9-1975 and a petition for eviction under the Delhi Rent Control Act was also filed before the Rent Controller, Delhi. It is stated that the eviction order was duly passed and possession was also taken by the landlord on the 30th July 1976.

(3.) In the meantime the landlord also filed suit No. 125 of 1976 on the 30th June, 1976, in the Court of the Senior Sub. Judge, Delhi for the recovery of Rs. 2,875 with costs. This represented a claim for the arrears of rent of Rs. 2,700 for the period from 1-9-1975 to 29-2rl976, interest of Rs. 110 on the above sum and Rs. 65 by way of notice charges. In paragraphs 5 and 6 of the plaint it was stated that the rent for the above period had fallen due and not been paid in spite of demands therefor. The plaintiff therefore prayed for a decree for the sum of Rs. 2,875 and costs.