L HARI CHAND Vs. L KARAM CHAND

JUDGEMENT

(1.) THIS is a revision application and arises out of a suit instituted by Karam Chand plaintiff against Hari Chand for the recovery of Rs. 98/ - as arrears of rent up to the end of Magh 2007 in the Court of City Judge exercising powers of Judge Small Causes

(2.) THE plaintiffs case was that the defendant agreed to pay rent at the rate of Rs. 18/ -p.m. for some rooms which he had taken of the house in possession of the plaintiff. A rent note was executed by the defendant in favour of the plaintiff and the tenancy commenced from 1st Besakh 2006. The defendant admitted that he had taken some rooms on rent from the plaintiff but has denied the rate of rent to be Rs. 18/ - p.m. The defendant pleaded that by an oral agreement the plaintiff agreed to charge only Rs. 10 and not Rs. 18/ - as mentioned in the rent note. It was further pleaded that some electric and water charges have been paid by the defendant in excess of his share and Rs. 25/4/ - are due from the plaintiff in that behalf.

(3.) THE trial Court of Judge, Small Causes, found that there was no variation in the terms of the rent note and decreed the plaintiffs suit in full.