NANDLAL HIRALAL GUPTA Vs. NARAYAN DILLIDAS SAHU

JUDGEMENT

(1.) THE decree passed by the Third Additional district Judge,amravati on 11 th July, 1988 in Regular Civil Appeal no. 94 of 1985 dismissing the appeal and confirming the order of the 12th joint Civil Judge,junior Division,amraviti passed on 31st January, 1985 in Small Cause Suit No. 276 of 1982 directing the defendant to pay rs 2,970 with interest at 6 per-cent per annum from the date of suit till realisation with costs,has been challenged in this revision.

(2.) THE plaintiff who is respondent in this revision, came before the trial Court with a suit for recovery of Rs. 2,970 on the allegations that the defendant was his tenant and the monthly rent was Rs. 110. It was his case that the defendant was in arrears of rent from 1-6-1980 to 31-8-1982. He, therefore,served a notice on the defendant. In spice of this notice, the defendant did not repay the amount. Hence this suit.

(3.) THE defendant denied the claim of the plaintiff. He denied that he was in arrears of rent. He,however,contended that the defendant had deposited Rs. 1,500 with the father of the plaintiff at the time of creation of tenancy and it was agreed that the deposit should be adjusted towards the rent. It was his contention that the plaintiff has not kept any accounts and no reciipts have been passed. The suit was resisted on these grounds.