SADAWRAT SANSTHAN Vs. DEORAO ZINGUJI KHANDKE

JUDGEMENT

(1.) THIS is a plaintiffs' application for the revision of a small causes decree which was passed for Rs. 45.39 nps in place of the plaintiffs' claim for Rs. 452.22 nps.

(2.) THE plaintiff -trust owns two fields Nos. 94/4 assessment Rs. 13 -10 -9 and 15/2 assessment Rs. 5 -12 -0. These two fields were leased out by the plaintiff -trust to the defendant's father for the year 1957 -58 for a lease -money of Rs. 400. The fields were again let out to the defendant himself for the year 1958 -59 for a lease -money of Rs. 400. The agreement in both these lease -deeds was that the lease -money was to be paid on December 1, 1957 and 1958, respectively. On November 29, 1957, the defendant paid Rs. 200 towards the lease' money of the year 1957 -58. On February 16, 1959, he paid a further sum of Rs. 225 to the plaintiff.

(3.) THE defendant had contested the suit on the following grounds: The payment of Rs. 225 on February 16, 1959, was towards the lease -money of both the years and the plaintiff had no right to appropriate that amount towards the lease -money of the second year, while keeping the first year's lease -money in arrears. Thus, the full amount of the previous year was paid and under Section 11 of the Bombay Tenancy and Agricultural Lands (Vidarbha, Region and Kutch Area) Act, 1958, the plaintiff was not entitled to more than four times the land revenue. There was no agreement to pay the lease money of the two years on the first of December.