BHAGAT RAM Vs. BHARAT SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the judgment and decree dated 5.5.986 passed by the learned Additional District Judge (I), Jind, whereby he allowed an appeal filed by the respondent against the judgment and decree dated 30.11.1985 passed by the learned Sub Judge 1st Class, Narwana. As a consequence, the suit of the respondent for recovery of damages to the tune of Rs. 2000/- was decreed. The defendant-petitioner being aggrieved against the said judgment and decree has filed this revision petition.

(2.) THE petitioner is son of one Jai Narain. The respondent is a tenant under Jai Narain in a residential house at Narwana paying rent at the rate of Rs. 15/- per month. The petitioner claiming himself to be the landlord of the said house filed an application for ejectment of the respondent in the Court of the learned Rent Controller, Narwana. He claimed that the respondent is a tenant under him at the rate of Rs. 80/- per month and had neither paid nor tendered rent to him at the said rate. The ejectment application was opposed by the respondent. He pleaded that he was a tenant under Jai Narain at the rate of Rs. 15/- per month and that the claim made by the petitioner was false and simply aimed at causing harassment to him. The ejectment application was dismissed by the Rent Controller holding that the respondent was a tenant under Jai Narain and not under the petitioner

(3.) THE learned trial Court held that it could not be said that the respondent was actually prosecuted with malicious intention, though it was held that the rate of rent was Rs. 15/- per month and the respondent was a tenant under Jai Narain, father of the petitioner. As a result the suit was dismissed without any order as to costs. The respondent preferred an appeal before the learned Additional District Judge which has been allowed vide judgment and decree under revision.