RAMKUMAR Vs. NARAYANDAS DAGA

JUDGEMENT

(1.) THIS revision under section 115 of the Code of Civil Procedure is directed against the order dated 31st July 1967, passed by the II Civil Judge, Class II, Raipur.

(2.) THE short question involved in this revision is whether the learned Judge acted illegally or with material irregularity in making a direction in terms of <S>s.13(2)</S> of the , in a suit between landlord and tenant.

(3.) SHRI P. R. Padhye, learned counsel for the applicant confined his submission to section 13 (2) and according to him, under that provision the Court has to decide a dispute both in respect of the arrears payable and the rate of rent which is to be paid or deposited. In other words, the dispute referred to in sub-section (2) includes a dispute as to the amount of arrears. In support of his submission, the learned counsel places reliance upon three unreported decisions of Sharma J., in Ramniwas v. Kisanlal (CRev.No. 152 of 1963 decided on the 13th December 1963 (Gwalior Bench) Labhchand v. Ramswarup (CRev. No. 206 of 1963 decided on the 9th January 1964 (Gwalior Bench), and Ramnarain v. Gourishankar (CRev. No. 229 of 1963 decided on the 30th January 1964 (Gwalior Bench).) He also invites my attention to Premdas v. Laxmi Narayan Pandey (1964 MPLJ 190) and Surajprasad v. Ganpatrai (1967 MPLJ Note 65)