PRAHLAD Vs. AMBAR KAWAR

JUDGEMENT

(1.) THIS is an application by the plaintiff Prahlad to revise the decree of the Judge of Small Causes Court, Jodhpur dated 31. 7. 1954. The plaintiff-applicant is a tenant and the defendant-opposite party is landlord. The applicant has a shop of the defendant in his tenancy, the rent of which is Rs. 17/8/- per month. According to the plaintiff, the defendant removed the outer door of the shop and when asked, did not put it back. The plaintiff then applied to the First Class City Magistrate, Jodhpur under sec. 12 of the Rajasthan Premises (Control of Rent and Eviction Act, 1950) hereinafter to be referred to as the Rent Control Act ). The Magistrate ordered on 19. 12. 1952 that the landlord should put up the door immediately. The landlord did not comply with the order, but went in appeal to the court of the Collector, Jodhpur, but the same was dismissed on 15. 1. 1953. Even after the dismissal of the appeal, the defendant landlord did not put up the door. The plaintiff again moved the Magistrate on 16. 1. 1953 and complained that landlord had not complied with his order. The Magistrate again issued notice to the landlord, but inspite of it, she did not appear before the Magistrate. The Magistrate, thereupon, ordered the plaintiff that he might put the door himself and produce the bill for realisation of the amount from the landlord before the Magistrate. The plaintiff says that he got the door prepared and had to spend Rs. 134/8/6 thereon and had also to spend Rs. 25/- on other necessary repairs besides Rs. 0/8/6, for notice expenses. He filed a suit for the recovery of Rs. 160/- against the landlord defendant in the Small Causes Court Jodhpur.

(2.) A number of objections were taken by landlord defendant in his written statement, but at this stage I am concerned with only one, viz. whether the plaintiff could file a civil suit in respect of the amount, he had spent on putting up a door and other necessary repairs. This question has been decided against the plaintiff by the learned Judge of the court below by judgment under revision.