BAI MEHERBAI SORABJI MASTER Vs. PHEROZSHAW SORABJI GAZDAR

JUDGEMENT

(1.) This appeal is one only as to costs. But it raises questions of some importance as between suits in the High Court and suits in the Small Causes Court.

(2.) The plaintiff and defendant were landlord and tenant. On September 25, 1925, the plaintiff gave a notice to quit by January 1, 1926, That notice was not complied with. Accordingly, on January 6, 1926, this suit was filed in the High Court claiming (a) ejectment;(b) rent from April 1, 1925, to December 31, 1925, and compensation thereafter at Rs. 500 per month; and (c) Rs. 30 as rent for the garage from September 1, 1925, to December 31, 1925, and compensation thereafter at Rs. 50 a month. The letting of the main building, viz., the first floor thereof, and the letting of the garage were separate tenancies. The total under (b) would be Rs. 1,542, and under (c) Rs. 175 calculated up to January 29, 1926.

(3.) On January 19, the writ in the High Court suit was served. On January 29, the defendant vacated both premises. Between January 19 and 29, he paid in all Rs. 400 which was appropriated in satisfaction of claim (c) as regards the rent for the garage, and as to the balance for compansation for the mou January, in respect of the first floor under claim (b).