Hansraj vs Puran Lal Sharma - 1980 Supreme(All) 727

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1980 Supreme(All) 727

K. C. AGARWAL
Hansraj – Appellant
Versus
Puran Lal Sharma – Respondent

Advocates appeared:
S.C. Budhwar, Advocate, for the Applicants; Santosh Kumar and A.K. Banerji, Advocates, for the Respondent

ORDER

K.C. Agarwal, J. - These three connected revisions arise from the judgment of the Judge Small Causes, Meerut, dated 31st October, 1979 deciding suit Nos. 99 of 1977 and 59 of 1978. All of these cases relate to one and the same property and the plaintiff in both the cases is the same.

2. Suit No. 99 of 1977 had been filed by the plaintiff for recovery of rent claiming that the rent was Rs. 310/- per month.

3. The suit was contested by the defendant and the allegation that the rent was Rs. 310/- was denied.

4. On the pleadings of the parties, the trial court framed, amongst others, the following issues in suit No. 99 of 1977:-

1. What is the rate of rent, whether Rs. 310/- a month as claimed by the plaintiff or Rs. 200/- a month as pleaded by the defendant? Effect, in either case?

2. Whether the sum of Rs. 5735/- remitted by the defendant and accepted by the plaintiff was in full and final settlement of the plaintiff's claim as pleaded by the defendant? If so, its effect?

3. Plaintiff's relief, if any?

5. Suit No. 59 of 78 was filed by the plaintiff for ejectment of the defendant on two grounds viz., default in payment of arrears of rent and illegal subletting. The material issues

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