SUKHMAL CHAND JAIN Vs. SURAJ BHAN

JUDGEMENT

(1.) THIS is a revision under Section 25 of Small Cause Courts Act. Suit No. 21 of 1975 was filed by the opposite party Suraj Bhan against the revisionist in the court of Judge Small Cause at Meerut for eviction of the revisionist from the accommodation in dispute and for recovery of arrears of rent and damages for use and occupation at the rate of Rs. 300/ - per mensem from 15th October, 1975. The case of the plaintiff opposite party is that the revisionist has been his tenant at the rate of Rs. 300/ - per mensem. He demanded arrears of rent though a notice dated 23.3.1976 and also terminated his tenancy but inspite of the notice neither the revisionist paid the arrears of rent nor vacated the accommodation and hence the necessity arose of filing the suit out of which the present revision arises. The defence of the revisionist was that, in fact, the rate of rent was Rs. 100/ - per mensem. He asserted, however, that the rent note was got executed at the rate of Rs. 300/ - per mensem so that the plaintiff -opposite party could get the shop vacated from that revisionist at any time under the pressure of payment of higher rent. During the pendency of the suit, since the revisionist did not comply with the provisions of Order XV Rule 5 Code of Civil Procedure and he did not deposit the rent his defence was struck off on 1.12.1976. Against the order dated 1.12.1976 striking of the defence, revision was filed in this Court. This revision was allowed by this court on 10th April, 1979 setting aside the order striking of the defence and a further direction was issued that the suit be disposed of in accordance with law.

(2.) AFTER remand by this court, the matter was again examined by the trial court and ultimately the suit was decreed on 10th December, 1984. It is this order dated 10th December, 1984 which has been impugned in the present revision.

(3.) LEARNED counsel for the petitioner has contended that - -