BASARMAL Vs. DURGA PRASAD

JUDGEMENT

(1.) THIS is an application in revision in a suit under section 5 (4), Control of Rent and Eviction Act (III of 1947), The house to which the suit related is situate on 3, Canning Street in the city of Lucknow. The plaintiff -applicant, Bassarmal, took part of the house on leave on June 27, 1948, at a monthly rent of Rs. 100 and executed a rent deed, Ex. A -26, on July 9, 1948. At the time of the lease, the defendant -opposite -party, Durga Prasad, was in personal occupation of the entire building. The portion let out to the plaintiff consisted of the upper story of the house comprising two large rooms, two kothris, two verandahs and a kitchen and one room and kothri on the ground floor. In addition he was given a portion of the compound. A sum of Rs. 1,200 in respect of a year's rent was taken by Durga Prasad in advance.

(2.) BISSARMAL , plaintiff who is a refugee from Sind and carries on some business at Aishbagh in the city of Lucknow instituted a suit on January 17, 1950, alleging that the transaction was unfair and that the reasonable rent of the portion occupied by the plaintiff should not exceed Rs. 15 p. m. The learned Mansif in whose court the suit was filed framed three issues : -

(3.) THE only question which the learned Munsif decided was the one covered by the first issue aid since his conclusion was against the plaintiff he did not proceed to determine whether the portions let out to the plaintiff were or were not constructed recently nor did he give any finding regarding the fair and reasonable rent thereof, It is generally desirable in cases where the law does not give absolute finality to the decision of the Court below, that all questions involved in the suit should be determined. Such a course would often render it unnecessary for the High Court to send back cases for disposal on the undecided issues.