DEO DUTTA TYAGI Vs. LALA BASHESHWAR DAYAL GUPTA

JUDGEMENT

(1.) R. K. Mahajan, J. This is revision petition against the order of Sri Harish Chandra Saxena, 1st Additional District Judge, Muzaffarnagar, dated 20-8-1983 by virtue of which the suit of the plaintiff-respondent was decreed for the recovery of Rs. 1199. 50 and the suit for ejectment was dismissed.

(2.) THE revisionist defendant is a tenant of premises in dispute i. e. house No. 155 Kambalwala Bagh, New Mandi, Muzaffar nagar at the rate of Rs. 150. It is alleged that the tenant was also paying electricity char ges and meter rent. THE landlord filed a suit For the recovery of arrears of rent of Rs. 780, from 16- 11-1981 to 21-4-1982 and Rs. 58. 50 as arrears of rent and water tax for the said period. Rs. 100 has been claimed as electri city charge and Rs. 10 as meter rent for the said period and further Rs. 59. 75 as water charges from 1st April, 1988 to 30-11-1981. THE notice was given for payment of Rs. 1279. 50 including the mesne profit but no payment was made. THE case of the defendant is that the rent is Rs. 90 and not Rs. 150 and he paid under protest in the previous litigation at the rate of Rs. 150. He has also filed the suit for recovery of excess rent paid.