JAGMOHANLAL, H.C.P.TRIPATHI, S.D.KHARE
Manzurul Haq – Appellant
Versus
Hakim Mohsin Ali – Respondent
S. D. KHARE, J. :- In this civil revision the only question that requires consideration is whether the decision given by a Court of Small Causes in a suit for arrears of rent will operate as res judicata in a suit filed later in the Court of Munsif for the recovery of arrears of rent for a different period and for ejectment.
2. The Court of Small Causes had no jurisdiction to entertain a suit for ejectment, and therefore, the latter suit had to be filed in the Court of Munsif.
3. The dispute between the parties in the Court of Small Causes was about the rate of rent. The plaintiff was claiming rent at the rate of Rs. 15/- per month, while the defendants' case was that the rate of rent was Rs. 10/-per month only. The decision of the Judge, Small Cause Court, on merits was that the rate of rent was Rs. 10/-per month only. In the subsequent suit, out of which this revision application arises, the plaintiff, while praying for ejectment of the defendants, claimed rent for the period preceding the second suit at the rate of Rs. 15/- per month. It was in these circumstances that the question arose whether the decision given by the Judge, Small Cause Court, about the rate of rent wi
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