SHABBIR ALI HUSSAIN Vs. JANABA SARTAJ JAHA BEGUM

JUDGEMENT

(1.) IN this revision the only point for Consideration is whether the lower Court wing come to the conclusion that the Rent controller had fixed a rent of Rs. 25 instead Rs. 75 should have accepted the plea of adjustment based on Cl. (c) of Section 6 of the Rent Control Order which provides that where any amounts have been paid towards rent regarding a dwelling house in excess of fair rent nether It was paid before or after the coming into force of the said order, the sum will be said back the lessee or adjusted In accordance with the directions. The house was taken on lease on 3 -2 -1950. It appears that a sum of Rs. 600 was paid by the revision -Petitioner to the Respondent towards rent till 2 -10 -1950 at the rate of Rs. 75 per month. Rent was due from, 3 -10 -1950 to 2 -4 -1951 which the Respondent demanded, but the Petitioner moved the Rent Controller on 15 -3 -1951 for fixing fair rent; which was fixed by him at Rs. 25 per month, After debiting the rent account at the rate of Rs. 25 per month upto 2 -4 -1951, there is still due to the Petitioner fa sum of Rs. 250. The Respondent had tiled a suit on 25 -4 -1951 for the recovery of rent at the rate of Rs. 25 for six months from 3 -10 -1931 to 2 -4 -1951. The Petitioner in his written statement filed on 5 -7 -1951 has stated that he had adjusted the rent upto 2 -7 -1951 and that Rs. 175 has still to be adjusted. The Small Clause Court held that there was no separate suit for refund of the sum of Rs. 175 and as such rejected the Petitioner's contention and decreed the Respondent's suit.

(2.) IN this view of the matter the revision petition is allowed and the decree of the tower Court set aside.