VISHNU DAYAL KATARA Vs. VIRENDRA KUMAR GUPTA

JUDGEMENT

(1.) N. L. Ganguly, J. This Civil Revision under Section 25 of the Provincial Small Cause Courts Act by the defendant-tenant. The suit was filed before the Judge, Small Cause Courts for recovery of arrears of rent and damages. Admittedly the monthly rate of rent is Rs. 225 per month and damages which have been claimed is Rs. 250 per month. The factual position in the present revision is not disputed. The learned counsel for the parties have filed affidavits annexing such document which was necessary for the arguments and the parties' learned counsel submitted that it would not be necessary to send for the record to the court below. I proceed to decide the case without summoning the record of the court and on relying the documents filed by the parties.

(2.) THE house in question was built in 1980 and the defendant-applicant was inducted as a tenant when the house was complete in February, 1981 @ Rs. 225 per month. It was pleaded in the plaint that the Rent Control and Eviction Act was not applicable. THE landlord sent a notice of demand of arrears of rent dated 28. 3. 90 which was duly served on the defendant-applicant. THE amount of arrears of rent, as decreed by the court below is Rs. 24,072. THE plaintiff also claimed interest @ 12% per annum. THE defendant-applicant has not paid any amount towards the rent or any amount in pursuance of the demand notice. THE defendant- applicant pleaded that there have been contract between the parties and the defendant had invested Rs. 16,000 towards additional construction and improvement in the premises in suit. THE defendant on 5. 5. 90 said to have paid Rs. 1353 as full and final payment of the entire rent upto 30. 4. 90.

(3.) THE important aspect which deserve consideration in this revision is that whether the court below who was exercising powers under Judge Small Causes Court Act could decree a suit for arrears of rent for a period of more than three years i. e. rent which is barred under provision of the Limitation Act. A perusal of the judgment and decree shows that the amount of arrears of decree is Rs. 24,072 as rent and interest @ 12% p. a. thereon and also damages @ Rs. 250 p. m. the learned counsel for the respondent is not in a position to submit that the court exercising powers under Judge Small Causes Court Act could pass a decree for arrears of rent for the period more the an three years i. e. from the date of the notice, three years rent would be decreed and thereafter the mesne profit after the date of the notice till the date of filing of the suit and mesne profit thereafter till the occupation by the tenant and payment is made, the admitted position is that the rate of rent is Rs. 2700 per year. THE notice dated 28. 3. 90 was sent and served the defendant in which a huge amount was demanded. THE defendant tenant would be liable to pay arrears of rent for the period which he is responsible under law to pay and decree or the said amount could be passed. No doubt, time barred arrears of rent could have been demanded and if not paid, that may be a ground for treating a person in default. THE suit is to be decided on the allegation in the plaint and the plaint allegations cannot exceed beyond the statutory period i. e. no rent more than for three years could be decreed.