KATHA BHATT NAND KUMAR Vs. CHOTEY LAL

JUDGEMENT

(1.) A very interesting point of law arises in this appeal. The plaintiff-appellant's father Ghisi Lal purchased half a share in a shop situated in Tripolia Bazaar, Jaipur along with some other property from Mst. Chameli as per sale-deed dated 12-4-1947. Mst. Chameli's share in the shop was occupied by the defendant Chhotey Lal as a tenant under Mst. Chameli at a monthly rental of Rs. 13/-The plaintiff-appellant gave a notice to the deferudant which was served on him on 8-5-1947. The plaintiff brought a suit out of which this appeal has arisen for arrears of rent of 31 months from 12-4-1947, the date of purchase to the date of the suit. He was met by a pica of the defendant that a sum of Rs. 495/11/- had been paid by the defendant to Mst. Chameli's mukhtar-i-am Radha Krishna on 6-41947 which included advance rent of Rs. 2087- for 16 months from Phagun Sudi 15, Sambat 2003 to Jeth Sudi 15, Sambat 2005, corresponding to 21-61948.

(2.) The first court found that this advance rent could not be deducted from the dues of the plaintiff. On appeal the learned Senior Civil Judge, Jaipur City, held that this amount of Rs. 208/-/-having been paid to the mukhtar-i-am of the former landlord, should be deducted from the amount claimed. The decree of the first court was, therefore modified and the plaintiff was given a decree only for Rs, 221/-/-. i.e. for the rent accruing after 21-6-1948. This judgment of the learned Senior Civil Judge is dated 26-2-1953 and it is against this that the plaintiff has come in second appeal.

(3.) I have heard Shri C.B. Bhargava on behalf of the plaintiff-appellant and Shri L.L. Sharma on behalf of the defendant-respondent.