MUHAMMAD HUSAIN Vs. AMIR HAIDAR

JUDGEMENT

(1.) This was a suit by the appellant for Rs. 5,7o7, arrears of rent and interest thereon, due on a lease granted by him to the respondent on September 13fch, 1906. The claim is in respect of the years 1314 and 1315 F. and the kharif instalment of 1316F. It was a term of the lease that if the rents stated in the papers handed over to the respondent were found to be less than the actual rents payable by the tenants of the villages the amount payable to the appellant would be reduced accordingly. In his plaint the appellant admitted that the rent should be reduced by a sum of Rs. 55-5-6 per annum. At the hearing, this figure was altered to Rs. 88-7-3 per annum. The respondent claimed a further deduction of Rs. 88 8-9 on this account of which the Court below has allowed Rs. 78.

(2.) The respondent also claimed to been titled to set-off a sum of Rs. 524-10-9 which amount he said had been collected by the appellant on account of the rents for years preceding 1314F. which had been assigned to the respondent. The Court below has allowed a set-off of Rs. 516 under this head. The respondent pleaded further that he had paid Rs. 3,955 in addition to the sums the receipt of which was admitted by the appellant. The Court below has allowed this plea.

(3.) In the result, the Couit below found that nothing was due from the, appellant and accordingly dismissed the suit. There were other points in dispute but they have not been brought before us in appeal.