KISHAN LAL Vs. TARA CHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties on the main revision itself at their request. There is a default in the payment of rent only for one month i.e. for the month of November, 1978. In this regard Mr. Maqbool Alam Advocate has filed an affidavit that he had been the counsel in the civil suit No. 147/71, Ram Chander v. Kishan Lal pending in the Court of Munsif, Jhalwar. One Abdul Majid was his registered clerk for about 15 years. In November/December, 1978 as usual, rent was entrusted to him to be deposited in the Treasury in respect of several ejectment cases. Mr. Alam has further deposed that it came to his notice that Abdul Majid did not deposit the rent from December, 1978 in the treasury and one of such case was Ramchander v. Kishan Lal. It has been further deposed that Abdul Majid left the office of Shri Alam toward the end of December, 1978/January, 1979 abruptly and money entrusted to Abdul Majid remained with him. An application under Section 5 has also been filed by the petitioner along with above affidavit of Mohd. Maqbool Alam, Advocate. The respondent-plaintiff/non-petitioner has not controverted the above averments made by the petitioner. It has also come on record that the petitioner-tenant has deposited the rent of two months by two separate challans on 14.8.1980 as mentioned in the order of learned Additional District Judge himself.

(2.) IN the above circumstances the non-deposit of the rent of November, 1978 is not on account of any intentional negligence or default of the petitioner-defendant. He had paid the rent in good faith to his counsel and rent was not deposited by the clerk of the counsel for which the petitioner cannot be held to be liable.