SAHIR HUSAIN KHAN Vs. SIRAJUL HAQ

JUDGEMENT

(1.) This is a plffs application in revision Under section 25, Small Cause Courts Act. The deft, was a tenant of a house owned by the plff. on a rental of Rs. 10 per mensem. The plff. gave the deft, a notice to quit by a certain date & informed him that if he continued to occupy the house after that date, he would have to pay damages for use & occupation at the rate of Rs. 15 per month. The deft, did not reply nor vacated the house. Hence, the plff. sued the deft, for his ejectment & for arrears of rent at the rate of Rs. 10 per mensem & also demanded damages for use & occupation at the rate of Rs. 15 per mensem.

(2.) The suit was decreed on 1-2-1945 for ejectment & for arrears of rent at the rate of Rs. 10 per mensem & also for damages at the rate of Rs. 10 per mensem. After the decree the deft, vacated the house on 21-1-1946.

(3.) The plff. brought the present suit for recovery of damages for use & occupation of the house for the period from 1-2-1945, to 21-1-1946, the date on which he actually vacated the premises. He claimed damages at the rate of Rs. 15 per mensem. The lower Court held that the actual damages amounted to Rs. 10 per mensem at which the plff. could have possibly let out the house to somebody else. He, therefore, awarded a decree at the rate of Rs. 10 per mensem.