KIDAR NATH Vs. PREMA NAND

JUDGEMENT

(1.) This is a rule directed against an order of Mr. K. S. Chadha, Subordinate Judge, Jagadhri, holding that the suit was triable by a civil Court.

(2.) On the 8th April, 1949 Prema Nand gave on lease a garden to Kidar Nath for three years from the 1st April 1949 to the 31st March 1952 at a yearly rent of Rs. 2,240/- which was later on reduced to Rs. 2,000/-. On the 25th March 1950 Kidar Nath served a notice on Prema Nand that by an agreement of the 1st August 1949 the lease had terminated and that he could not remain in possession any longer. On the 28th May 1950 Kidar Nath again gave notice and quitted on the 2nd June 1950. On the 11th June 1950 the lease for one year was auctioned by Prema Nand for a sum of Rs. 600/-.

(3.) Prema Nand then brought a suit for recovery of Rs. 1,400/- for damages on account of breach of contract by Kidar Nath. An objection was taken in the trial Court that the suit was not cognisable by a civil Court, which the learned Judge overruled, and a petition for revision has been brought against this order.