JAGANNATH DALWALA Vs. BHOLA NATH

JUDGEMENT

(1.) This is a plaintiffs appeal against the judgment and order of the learned 1st Additional Civil Judge, Agra, dated the 29th of October 1959, setting aside the judgment and decree of the trial Court and remanding the case to that Court for a fresh trial in the light of the observations made in his judgment.

(2.) The facts giving rise to this appeal, stated briefly, are as follows:

(3.) The appellant instituted a suit against the respondents, in the Court of Judge Small Cause, for the recovery of Rs. 680/- as arrears of rent from them on the allegations that they were his tenants, in respect of a portion of the premises described in the plaint, on a monthly rental of Rs. 15/-, the tenancy starting from Badi 8 of each Hindi calendar month and terminating on Badi 7 of the following month. The respondents paid rent upto Katik Badi 7 Sambat 2007 but the rent for the subsequent period was not paid despite several demands. Hence the suit for recovery of Rs. 675/- as rent from Kartik Badi 8, Sambat 2008 to Asarh Badi 7 Sambat 2011 (i.e. 19-3-1952 to 23-6-1954) and Rs. 5/- as costs of the notice.