LALA BABU LAL Vs. PT JUGLA SARAN

JUDGEMENT

(1.) This is an application in revision against a decree passed by the Court of Small Causes in respect of the rent of an Ahata for the period from the 1st September, 1949 to the 31st March, 1950.

(2.) It appears that a suit for recovery of rent for a period prior to 1st September, 1949 had been decreed in favour of the plaintiff. The defendant Babu Lal instituted a suit for the setting aside of that decree on the ground of fraud but that suit was dismissed and an appeal was instituted against that order of the dismissal of the suit. The appeal cams up for hearing before the Civil Judge before whom a Small Cause Court case for the recovery of rent for a later period and against the judgment of which the present application for revision has been filed, was also pending. Defendant Babu Lal contested the suit mainly on the ground that he was not a tenant of the plaintiff & that he was not liable for payment of rent. Evidence was led by the parties and the evidence produced in the suit which was brought by the defendant Babu Lal for the setting aside of the earlier decree was also allowed with the consent of parties to be examined by the Court. The Civil Judge who exercised powers of Small Cause Court then considered the evidence both oral and documentary and came to the conclusion that Babu Lal was a tenant of the plaintiff in respect of the Ahata in dispute. He decreed the Small Cause Case, and dismissed the appeal.

(3.) A second appeal was instituted against the appellate decree of the Civil Judge but with that I am not concerned at the present moment. An application for revision was also filed against the decree passed by the Civil Judge sitting as Judge Small Cause Court in respect of the rent, and it is against this decree that the present application for revision is directed.