- (1.) ON the 19th of October, 1946 a notice was given by Mirza Abdul Rauf Beg, mutwalli of the waqf, to Mirza Enayat Beg, a tenant of the shop belonging to the wakf demanding that he should pay the arrears of the rent of the shop and also intimating that the future rent of the shop after the termination of the month of November, 1946 would be Rs. 147/2/ - per month. The tenant was also informed that if he did not agree to this rent, he would have to vacate the shop. At the foot of the notice the details of the proposed rent were given. It was stated that the Municipal assessment was Rs. 110 the enhancement at 25 per cent of this was Rs. 27/6/ - , the enhancement due to an increase in the Municipal tax which the tenant was liable to pay was Rs. 2/12/ - and the amount allowed under the orders of the District Magistrate for repairs was Rs. 6/14/ - .
(2.) THE tenant did not accept the rent proposed and continued to sent money orders at the old rate of Rs. 75 per month which, it is now agreed, was the agreed rent. These money orders were not accepted, and the Plaintiff, being the mutwalli, instituted the suit, out of which this appeal arises, for a sum of Rs. 1,677/12/ - as arrears of rent. A detailed account of this arrears is given in a list attached to the plaint, and it shows that from the 1st of December, 1946 to the 28th of February, 1947 rent was charged at Rs. 147/2/ - per month. The Defendant denied his liability to pay rent at any sum higher than Rs. 75 per month. He contested the validity of the notice and he also pleaded that the notice was in fact a notice of ejectment and not a notice of enhancement. He specifically pleaded that in any case the enhancement claimed by the Plaintiff was excessive and against the law and could not be enforced.
(3.) THE trial Court framed four issues of which the first is as follows - - Is the Plaintiff entitled to enhance the rent of the Defendant? If so, to what extent?;