(1.) Shri L.R. Pujari, learned AGP for the State, none for the respondent though the office report shows that the respondent is served.
(2.) The respondent-plaintiff filed Regular Civil Suit No. 189 of 1992 claiming rent at the rate of Rs. 3000/- per month for the period of 19 months totaling to Rs. 57,000/- on the ground that the appellant/defendant was a tenant in the premises and was liable to pay sum of Rs. 3000/- per month.
(3.) In response to the suit of the plaintiff, the defendant filed their written statement and contended inter alia that on 1.4.80, the date on which the defendant entered in the premises as tenant, it was agreed between the parties that the rent fixed by the Executive Engineer shall be agreed rent. They also submitted that on 1.5.81, the said Executive Engineer had declared rent to be Rs. 521/-, according to them, in view of the writing of the plaintiff, it would only be entitled to Rs. 521/- per month and not Rs. 3000/- per month.