HAJU CHARAN GHOSH Vs. LAXMI NARAYAN JANA

JUDGEMENT

(1.) This Rule was issued at the instance of the Defendant in suit, for house rent and electric charges in the Court of Small Causes of Serampore, The Defendant claimed, a set of on the ground that he had done some remodelling work

(2.) Two points have been taken in the present case. The first is that evidence was not recorded properly by the trial court and the second is that the trial Court was wrong in rejecting the claim of set off on the ground that court-fees had not been paid

(3.) The second point is decided very easily. The court not only rejected the claim of Set off on the ground that no court-fee had been paid, but also on the ground that the claim for a set off had not been at all proved and also that it was not an ascertained sum which was claimed. The learned Judge has further remarked, that the unshakable evidence on the Plaintiff's side showed that, the work of remodelling was done by the Plaintiff.