B.R. CHOUDHARY Vs. P.V. BHAGWAT

JUDGEMENT

(1.) THIS is a petition for revision filed by the Defendant -Petitioner against the decree of Small Cause Judge, Indore. Plaintiff P.V. Bhagwat filed a suit on 12 -12 -1949 for recovery of Rs. 259/2/6 in respect of arrears of rent, electric and water charges due from the Defendant on account of the leased premises in the possession of the Defendant. The claim 'inter alia' consisted of Rs. 4 -15 -0 as balance due in respect of dues of June 1949 and Rs. 2 -9 -0 as balance of dues of July 1949. Along with the plaint the Plaintiff submitted an application for attachment before judgment supported by an affidavit. Both the application and the affidavit were based on the allegations that the Defendant had closed his business of medical practice, he was a resident of other State, and the Defendant himself had stated that he would sell away his truck. There were further allegations that all this, probably meant closing of business and intended disposal of truck, was meant for defeating the Plaintiff's claim. An order for attachment was passed ex parte on this application and the affidavit of the Plaintiff and Defendant's property consisting of furniture and type -writer was attached.

(2.) THE Defendant denied the items of Rs. 4 -15 -0 and Rs. 2 -9 -0 in respect of the dues for the month of June and July 1949. The rest of the claim was admitted omitting a small item of As. 7/ - for notice charges which were disallowed.

(3.) MR . Dubey who appears for the Petitioner has urged firstly that the finding of the Court below regarding the liability of the Defendant for the items of Rs. 4 -15 -0 and Rs. 2 -9 -0 is not legal. Secondly, it is contended that the decision on the question of award of compensation under Section 95, Code of Civil Procedure has resulted in failure of justice.