SHANTI MAL Vs. SAVITRI DEVI

JUDGEMENT

(1.) HEARD learned counsel for the appellant and the respondent.

(2.) THIS appeal is directed against the judgment and decree dated 29. 05. 1982 passed by the Additional District Judge No. 1, Jodhpur in Civil Suit No. 22/77. By the impugned judgment and decree the claim for arrears of rent for the period 1. 5. 1974 to 26. 6. 1977 at the rate of Rs. 100/-per month, total Rs. 3602. 00 and mesne profit for the period from 27. 6. 1977 to 30. 5. 1981 at the rate of Rs. 100/-per month, total Rs. 4, 818/-was decreed. The plaintiff was also awarded cost of the suit in respect of the claim of Rs. 3, 682. 00. The decree for eviction was not passed because the possession of the suit property had been taken by the plaintiff on 30. 5. 1981 during pendency of the suit. Learned trial court did not pass any order regarding arrears of water charges and some rent. Hence, this appeal.

(3.) THE learned Additional District Judge has framed as many as 7 issues. In the present appeal, the appellant had challenged finding on issues Nos. 3 and 4 only. Issue No. 3 deals with the question whether the defendant is entitled to recover a sum of Rs. 9, 502. 50 in accordance with para 6 of the plaint. Issue No. 4 is related to the question whether the suit of the plaintiff was within limitation, for the reasons mentioned in para 7 of the plaint. It appears that while drafting issue No. 3, in place of "plaintiff", the word "defendant" was wrongly written by the learned Additional District Judge and, this mistake was not corrected even at the time of writing judgment. THE possession of the suit premises had been delivered by the defendant to the plaintiff on 30. 5. 1981.