LAKHIRAM Vs. RAMJILAL

JUDGEMENT

(1.) THIS is a defendant's revision application against a decree of the Judge, Small Cause Court, Bharatpur, in a suit for recovery of a sum of Rs. 102/8/6.

(2.) THE father of the defendant mortgaged a house usufructuatily with the plaintiff and delivered possession to him. THE consideration was a sum of Rs. 75/ -. He however took the house on lease from the plaintiff at a rent of annas -/6/- per month and executed a rent-note. In 1949 possession over the house was taken forcibly by one Kistoor Chand who claimed to be the owner of it. THE defendant instituted a suit for possession against Kistoor Chand. This suit was dismissed by the Civil Judge on 5. 4. 54. THE defendant preferred an appeal against this decision. During the pendency of appeal the present suit was instituted on 26. 5. 55 by the plaintiff for recovery of Rs. 75/- the principal sum borrowed by the defendant's father on the mortgage together with damages at -j6j- per month for a period of 6 years. According to the plaint the cause of action accrued on 5. 4. 54 when the suit brought by the defendant against Kistoor Chand was dismissed by the trial court. THE suit was resisted on various grounds which were overruled by the Judge, Small Causes.