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1958 Supreme(MP) 125

A.H.KHAN
IQRAR AHMED – Appellant
Versus
HULKEY – Respondent


Advocates Appeared:
Hamid Ali Shah, Inamdar

A. H. KHAN, J.

( 1 ) THIS revision arises out o a Small Cause Suit. The plaintiff brought a suit for the recovery of Rs. 208/10/6 as arrears of rent on the basis, of a rent-note executed by the defendant on 19-11-54 and exhibited as Ex. P. . 1.

( 2 ) IT appears that the house, about the rent of which this suit was filed, belonged to the defendant. , who had mortgaged it to the plaintiff and thereafter taken a lease of the same from the plaintiff. The suit was resisted on the ground that since it is a claim arising out of a mortgage-deed and the rent is by way of interest on the mortgage, therefore the Small Cause Court had no jurisdiction. This contention was rejected by the trial Court. The Court instead of passing a decree for the rent claimed, calculated interest on the mortgaged-money at 6 per cent, and decreed the suit for a sum of Rs. 46-2-6 only. Against this decision, the plaintiff has filed this revision. 2. Two questions arise for consideration; One, whether the plaintiff can bring a suit on the rentnote in the Court of Small Cause Judge? two, whether the Court could reduce the amount of rent in the manner in which it has done?

( 3 ) WITH regard to the first question, the








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