DEVI PRASAD Vs. RAM KUMAR MAHESHWARI

JUDGEMENT

(1.) THIS is a Plaintiff's revision. A suit was filed by him for the ejectment and recovery of arrears of rent amounting to Rs. 7240/ - plus mesne profit plus a sum of Rs. 1800/ - as arrears of water -tax and electricity charges. The allegations of the Plaintiff were that Defendant had defaulted in the payment of the aforesaid amount and that inspite of notice he neither paid the dues nor vacated the premises Allegations with regard to the making of material alterations in the building in dispute were also made but it has no concerned with the decision in this case.

(2.) THE Defendant contested the suit and pleaded that the entire amount had been paid and that nothing was due. On the first date of hearing, however, he deposited a sum of Rs. 15406/ - which covered the entire amount claimed by the Plaintiff including interests and costs of the suit. It was pleaded by him that he was not liable to ejectment. It may further be mentioned that the Defendant also pleaded the payment of the water charges and Municipal dues to the Plaintiff.

(3.) AGGRIEVED thereby two revisions have been filed in this Court. Civil Revision No. 578 of 1981 was filed by Devi Prasad, Plaintiff -applicant, claiming ejectment of the Defendant and also a decree for the electricity and water -tax charges. Civil Revision No. 61 of 1982 has been filed by the tenant Ram Kumar Maheshwari in which he has prayed for expunction of the observation made by the Judge Small Causes with regard to the forged nature of the documents (Exs. A -11; A -14; and A -15). In these circumstances both these revisions have come up before me for decision.