JAMUNA PRASAD CHOWRASIA Vs. KISHORILAL PODDAR

JUDGEMENT

(1.) This appeal has come up for hearing and disposal before this Special Bench upon a reference made by A. N. Ray and S. K. Mu-kherjca, JJ. under Chapter II, Rule 1 (ii) of The Appellate Side Rules of this High Court. The facts and circumstances under which this appeal arises are briefly as follows :-

(2.) The defendant contested the suit and in his written statement contended among other things that he was not a defaulter in payment of rent as alleged by the plaintiff. The defendant alleged that on 15 January, 1964 he had paid to the plaintiff a sum of Rs. 180/- in Jasidih at the rate of Rs. 30/- per month as rents inclusive of electric charges for the months from Shravan 2020 S.Y. to Pous 2020 S.Y. and that the plaintiff had promised to issue rent receipts for this payment on his return to Calcutta by the middle of February, 1964. The defendant further alleged that he had paid the rent of Rs. 24/- and a sum of Rs. 6/- as electricity charges to the plaintiff on 12 February 1964 at the Gaddi of the plaintiff at Basak Street, Calcutta.

(3.) The following issues were framed by the learned trial Judge for determination :--