ORDER :- The defendant-applicant is a tenant of the plaintiff opposite party in bungalow No.15, Clive Road, Allahabad, on a rent of Rs.50/-per month and a conservancy charge of -/12/-per month. The plaintiff brought a suit against him for the recovery of Rs.477-1-9 being the arrears of rent for the period commencing from the 1st April 1947, and ending with February 20, 1949. The total rent for this period amounted to Rs.1,167/4/- and it was admitted by the plaintiff that the defendant had paid Rs.690/2/3.

2. The defendant contended that the plaintiff was utterly negligent about the repairs of the bungalow and he (the defendant) was compelled to incur an expenditure of Rs.477/1/9 to keep the bungalow in reasonable repairs. He claimed that he was entitled under the law to a credit of this amount towards the rent due from him. On this ground, he pleaded that the suit should be dismissed.

3. Learned Judge of the Small Causes came to the conclusion that the plaintiff was negligent in keeping the house in repairs, but the defendant should not have spent a sum of Rs.477/1/9. In the opinion of the learned Judge, the defendant should have spent an amount of Rs.100/- every year on the repairs.

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