ORDER :- This is an application in revision by a plaintiff whose suit for arrears of rent in respect of a shop has been dismissed by the learned Judge, Small Cause Court of Meerut.

2. The shop in question was constructed after June 1946. It was let out to the opposite party by the applicant on a monthly rent of Rs.200/-. On 1-4-1949 the parties entered into an agreement by which the rent was reduced, with the consent of the parties, to Rs.150/- per mensem, in addition to house tax. It was paid before the tenth day of the succeeding month, a rebate of Rs.25/- per mensem would be granted to the opposite party.

3. Sometime in January 1950 the opposite party got reasonable annual rent fixed by the District Magistrate under S.3-A, U.P. Temporary Control of Rent and Eviction Act (3 of 1947). The District Magistrate fixed the reasonable annual rent at Rs.80/- per mensem.

4. The applicant instituted this suit for the recovery of Rs.82/8/- as one months rent. His case is that the rent amounted to Rs.150/-, as agreed, and the house tax amounted to Rs.12/8/-. This brought the total to Rs.162/8/-. A sum of Rs.30/- had been paid by the opposite party in cash and a sum of Rs.50/- had been appropria

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