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2012 Supreme(All) 3205

PANKAJ MITHAL
Yasin and Another – Appellant
Versus
Murari Lal – Respondent


Advocates:
Sri A.P. Paul, Advocate, for Petitioner.
Manjari Singh, Advocate, for Respondent.

Pankaj Mithal, J.—

Tenants of a shop have preferred this revision under Section 25 of the Provincial Small Causes Court Act, 1887 against the judgment and order dated 9.11.2012 of the Small Causes Court decreeing the respondent-landlord's suit for arrears of rent, eviction and damages.

2. I heard Sri B.B. Paul, learned counsel for the tenants and Sri Kunal Ravi Singh, learned counsel for the landlord.

3. Sri Paul in attacking the order impugned contended that the court below had decreed the suit without framing issues; it had wrongly disbelieved the rent deed dated 26.2.1998 (paper No.39G); the tenants had not defaulted in payment of rent and the evidence regarding sending the rent by money order could not be brought on record in the court below but can be taken on record under Order 41 Rule 27 C.P.C.; and the damages awarded at the rate of Rs.1000/- per month is more than the rate of rent.

4. The suit in question is one under Section 15 of the Act and is of a summary nature. It is well settled that in a suit of such a nature it is not mandatory to frame issues. The provisions of Order XIV C.P.C. relating to settlement of issues are not applicable to proceedings before Small Cause Cour

















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