S.D.Khare, J. - (1.) IN this civil revision the only question that requires consideration is whether the decision given by a Court of Small Causes in a suit for arrears of rent will operate as res judicata in a suit filed later in the Court of Munsif for the recovery of ar rears of rent for a. different period and for ejectment.
(2.) THE Court of Small Causes had no jurisdiction to entertain a suit for ejectment and, therefore, the latter suit had to be filed in the Court of Munsif. The dispute between the parties in the Court of Small Causes was about the rate of rent. The Plaintiff was claiming rent at the rate of Rs. 15/- per month, while the defendants' case was that the rate of rent was Rs. 10/- per month only. The deci sion of the Judge, Small .Cause Court, on merits was that the rate of rent was Rs. 10/-per month only. In the subsequent suit, out of which this revision application arises, the Plaintiff, while praying for ejectment of the defendants, claim ed rent for the period preceding the second suit at the rate of Rs. 15/- per month. It was in these cir cumstances that the question arose whether the decision given by the Judge, Small Cause Court, about the rate of rent will operate as res judicata in a subsequent suit filed before the Munsif for arrears of rent and ejectment.
(3.) THE Munsif decided that issue in the negative and in favour of the Plaintiff .The revision application has been filed by the de fendants against that Border.;