SUSHIL KUMAR SRIVASTAVA Vs. DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) THE petitioner landlord is aggrieved by an order dated 17.11.1989 passed by the District Judge, Allahabad, setting aside the order, striking off the defence of the defendant opposite party.

(2.) A suit for arrears of rent and ejectment was filed claiming a sum of Rs. 3,250/- as arrears of rent for the period 1.1.1978 to 13.6.1979 and arrears of damages for the use and occupation for the period 14.6.1979 to 31.5.1983. The suit was filed for recovery of time barred rent as also damages for use and occupation. The relevant paras of the plaint claiming this amount are quoted below :-

(3.) THUS , the question for consideration in the present case is as to what is the amount of rent due and what amount of rent which is due has been admitted by defendant. Therefore, it is not only the amount of rent which is due to be seen under the aforesaid provisions but what amount which is due has been admitted to be due by the defendant. It may be that for calculating the amount due even the time barred rent is included but what actually has to be determined is as to what amount has been admitted to be due by the defendant. Looking to the pleadings the plaintiff has claimed the amount for the period 1.1.1978 to 31.5.1983 amounting to Rs. 3,250/-. The plaintiff has thus claimed time barred rent as also rent and damages for use and occupation of the premises.