RAJESHWAR PRASAD SINHA Vs. CHUNILAL DARUKA

JUDGEMENT

(1.) This is an application under Section 25, Small Cause Courts Act, and arises out of a suit for damages in the following circumstances: The defendants took a house from the plaintiff on a rent of Rs. 13 per month and, according to the plaintiff, the agreement between the parties was that in case of default in the payment of rent the defendants were liable to be evicted on three days notice. The plaintiff said that the defendants had defaulted in the payment of the rent, that notice, was served upon them but they failed to vacate the house. The defendants denied any such agreement, but the lower Court has found, from the counterfoils of the rent receipts given by the plaintiff to the defendants, that the agreement set up by the plaintiff is a fact and that the defendants were liable to be evicted on three days notice.

(2.) Coming to the question whether the plaintiff was entitled to get any damages, the learned Judge below held that the Small Cause Court could not determine this point "specially as from Ex. 1 to 1 (b)(i.e. the counterfoils) it transpires that the effect of non-payment would be charging of interest at Re. 1 per mensem and not damages."

(3.) The learned Judge also observed that "it is not within the scope of S.C.C. to see why the defendants did not vacate the house. This can be only determined in a title suit" and he gave the plaintiff a decree for the rent that Was admittedly due.