VASUDEV CHENOY Vs. T JAGAN MOHAN

JUDGEMENT

(1.) The tenant of the premises No. 4-4-211 and 212, Sultan Bazar, Hyderabad, is the revision petitioner. He took the above premises under lease deed dated 12th March, 1960. The terms of that deed are that rent of Rs.150/- per month was payable. The tenant defaulted in keeping those terms. For that reason earlier proceedings instituted by the landlord in R. C. No. 41 of 1974 ending in in R. A. No. 319 of 1978 had evicted the tenant from the premises in March, 1980. Now, after the petitioner had been so evicted the landlord had filed Small Cause Suit on 15th November, 1980 for recovery of rent not paid. The suit is for recovery of a sum of Rs. 1,448-90 together with subsequent interest. This amount of Rs. 1,488-90 is, according to the plaintiff, due from and payable by the defendant-tenant to the landlord plaintiff under the aforesaid registered lease deed. The suit was decreed by the lower Court by its order dated 28th January, 1981. It is against this order and decree the present civil revision petition has been filed by the tenant.

(2.) Now it may be mentioned that the above Suit is filed and registered as a Small Cause Suit No.117 of 1980 on 20th November, 1980 under the summary procedure of Order 37 of the Civil Procedure Code. The complaint of the tenant is that that summary procedure was not followed by the decreeing Court.

(3.) A perusal of the judgment of the Court below shows that the suit was decreed without holding any trial and by applying the procedure under Order 37 of Civil Procedure Code. The question that arises in this Civil Revision Petition is whether a decree so passed is legal and should not be set aside.