BABU LAL AND BROTHERS Vs. SWARUP LAL

JUDGEMENT

(1.) THIS is a revision under section 25 of the Provincial Small Cause Courts Act by the defendants in a suit instituted by plaintiff- opposite party Swarup Lal. The suit was decreed by the Trial Judge on November 20, 1982 both for eviction of the defendants from a shop as also for recovery of certain amount claimed as arrears of rent (for the period between April 1, 1980 and December 12, 1980) and water tax, damages etc.

(2.) THE suit, out of which the present revision arises, was preceded by Small Cause Courts Suit No. 87 of 1975 in which also a claim was made by Swaruplal for the eviction of the present applicants and for recovery of some amount as arrears of rent and damages. That suit was decreed on May 28, 1979. THE relief of ejectment was refused, inasmuch as, the present applicants, who were defendants in that suit also, had deposited the requisite amount and were extended relief under section 39 of U. P. Act No. 13 of 1972. THE plaintiff was permitted to withdraw the amount of rent. But, what he actually withdrew included the amount of interest and costs, (in addition to the amount of arrears of rent), and was a sum of Rs. 1966-50. THEre is no dispute between the parties that this amount withdrawn by Swarup Lal was in excess of the amount he was entitled to withdraw under the decree passed in that suit.

(3.) AFTER hearing Sri Vishnu Sahai for the defendant-applicants and Sri Sunil Ambwani for the plaintiff both of whom have ably placed the case of the party represented by them, I am of opinion that the defendant-applicants are entitled to relief from this Court.