JAWAN MAL Vs. GAJ SINGHJI

JUDGEMENT

(1.) THIS is a revision petition directed against the order of the Additional District Judge No. 1, Jodhpur dated 15 -2 -1973 by which the defendant -petitioner's application dated 31 -1 -1975 for leave to amend his written statement was dismissed. A few facts relevant for the disposal of this revision may be stated as below: - -

(2.) THE plaintiff -non -petitioner owns a Cinema known as Stadium Cinema in the City of Jodhpur. A lease of the said cinema was granted by the plaintiff to the defendant for a period of 3 years with effect from 26 -1 -1963. The lease deed was executed and signed by both the parties on 2 -4 -1964. The rent was settled at Rs. 6,101/ - per month. On 10 -1 -1972 the plaintiff filed the present suit in the Court of District Judge, Jodhpur for ejectment of the defendant as well as for arrears of rent Rs. 1,42,852.48 paise upto 25 -10 -1971 and Rs. 37,161.29 paise by way of damages for use and occupation from 26 -10 -71 to the date of the suit, and thereafter at the rate of Rs. 16,000/ - per month till delivery of possession. The suit was resisted by the defendant on a number of grounds which it is not necessary to narrate here. On the pleadings of the parties the trial Court framed 24 issues. By his order dated 11 -11 -1972 the learned District Judge decided legal issues which were of a preliminary nature. Since the decision of some of these issues had gone against the defendant he filed a revision application to this Court which was registered as S. B. Civil Revision Petition No. 585 of 1972. The revision application was decided by the then Chief Justice Shri Jagat Narayan on 15 -12 -1972. The decision of the trial Court on Issues Nos. 19 and 20 was inter alia called into question in that revision petition. Since Issues Nos. 19 and 20 have some bearing on the decision of the present revision application, it would be proper to reproduce those issues here. '19. Whether the defendant's claim for getting the amount of Rs. 1,74,102.57 P. mentioned in part III of Schedule II appended to his written statement (2) the amount of Rs. 1,23,531.17 on account of losses (3) the amount of Rs. 4,000.00 on account of remission of one month's rent due to Air raids during Indo -Pak War of 1965 and (4) the amount of Rs. 533.66 on account of remission in rent due to riots during the last General Election from 11 -3 -1972 to 14 -3 -72 adjusted against the plaintiff's claim in this suit is one for set off ? ............ (Plaintiff) 20. Whether the defendant can claim the adjustments of Rs. 1,74,102.57, Rupees 1,23,531.17, Rs. 4,000.00 and Rs. 533.66 without payment of court -fees in respect thereof. (Defendant).'

(3.) OUT of the amount of Rupees 1,74,102.57 paisa the defendant pressed the revision application only with regard to the following four items: - - (a) Rs. 18,571.08(b) Rs. 9,045.15(c) Rs. 3,000.00(d) Rs. 5,625.69