BHOLARAM Vs. PARMATMA RAM

JUDGEMENT

(1.) THIS is a revision against a decision of the Small Cause Court Judge, Bikaner.

(2.) THE respondent sued the petitioner for recovery of Rs. 90/- as rent for 15 months at the rate of Rs. 6/- per month. THE defendant raised several pleas, one of which was that he was a tenant of the house since 1940, that the original rent was Rs. 1/8/- a month, which was subsequently raised to Rs. 3/- per month in 1943, that he agreed to increase the rent to Rs. 6/-per month on pressure by the landlord, and that under the provisions of the Bikaner Rent Restriction Order, 1942, the landlord was not entitled to recover more than Rs. 3/12/- per month. THE learned Judge, Small Cause Court, was of opinion that the defendant failed to prove occupation as a tenant prior to 1943, and that, therefore, the provisions of the Rent Restriction Order were not applicable.