B LALJI TANDON Vs. F G RUFUS

JUDGEMENT

(1.) This is a plaintiff's application in revision under Section 28, Provincial Small Cause Courts Act, against the decree of the learned Judge of the Court of Small Causes at Allahabad, by which his suit was decreed in part and dismissed in part.

(2.) The suit was brought to recover arrears of rent and the dispute before me is confined to a claim for as 50 only. This sum of Rs. 50 represents the difference between the rent that had become due to the plaintiff according to the agreement between the parties, and the rent which the plain, tiff claimed at an enhanced rate. The plaintiff served two notices upon the defendant, enhancing the rent, the former of the two was sent on 14th September 1946, and the latter on 12th October 1946. The agreed rent was a sum of Rs. 22-8-0 per month. According to the notice dated 12th October 1946, the plaintiff informed the defendant that he had enhanced the rent by Rs. 5-10-0 per month, namely, that he had enhanced the same to Rs. 28-2-0 per month.

(3.) The defendant is occupying as tenant a portion of block no. 86/2, and the other portion is being occupied by other tenants. The whole block is assessed to municipal taxes on a rental value calculated at Rupees 36 per month. The agreed rent payable by the defendant was Rs. 22.8-0, and I am informed by the learned counsel for the applicant that the agreed rent payable by the other tenants was Rs. 24 per month. The position, therefore, comes to be this, that while the building is assessed on a rental value of Rs. 35 per month, it actually fetches a rent of Rs. 46-8-0 per month.