TOTARAM Vs. DAMODAR

JUDGEMENT

(1.) THIS revision is directed against the order of the Civil Judge First Class, Morena, and the grievance is that after the amendment of the issues, the Court refused permission to the defendant to cross -examine the witnesses of the plaintiff in the light of the amended issue.

(2.) THE facts of the case in brief are that the plaintiff brought a suit against the defendant, alleging that the rent agreed between the parties was Rs. 25/ - per month. The defendant resisted the suit on the ground that this house was formerly rented to his brother at Rs. 13/ - per month, therefore the plaintiff cannot charge more. It is admitted by the learned counsel for the plaintiff that the suit was filed on 4 -8 -53; that along with it no rent -note was filed. Almost after about three years i.e. on 13th March 1955 the rent -note was filed and the present amendment was made a year and half after the filing of the rent - note.

(3.) FOR reasons stated above, the revision is allowed and the case is sent back to the trial Court with the direction to proceed further in the case in the light of the above observations. Parties should bear their own costs of this revision.