RAM SARUP Vs. NARINDER SINGH

JUDGEMENT

(1.) This is a revision petition under section 84 of the Punjab Tenancy Act, 1887 (hereinafter called the Act) against the judgment and orders of the Commissioner dated 10 -8 -1975 whereby he dismissed the revision petition filed by the petitioner against the judgment and decree dated 23 -9 -1975, of the learned Collector, Solan, dismissing the appeal of the petitioner against the judgment and decree dated 17 -5 -1975 of the learned Assistant Collector, Grade 1, Solan.

(2.) I have heard the learned counsel for the petitioner as well as the learned counsel for the respondent at length. I have also considered the records of the case.

(3.) The first point contended before me by the learned Counsel for the petitioner was that the lower Courts had in the face of admission of the respondent to the contrary in the original plaint awarded a decree for Rs. 3,365. 5 which involved a double payment in respect of arrears of rent for Kharif 1969. In this connection the learned counsel invited my attention to the plaint in the original suit for the recovery of Rs. 3,365,65. Para 2 of the plaint reads as follows : "That on 9 -1 -1968 the plaintiff leased out the suit land to Amia Chand Defendant No. 1, from January, 1968 to August, 1969 and the rent agreed upon was Rs. 1300/ - exclusive of land revenue which was to be paid by the lessee and in respect of this a writing was executed by Defendant No.