V.K.Mehrotra, J. - (1.) This is a plaintiffs application in revision under Section 25 of the Provincial Small Cause Courts Act. The suit of the plaintiff had been decreed only in part. Hence, he has come to this court.
(2.) The premises in dispute were taken on rent by the State of U. P. for purposes of storing foodgrains. There was an agreement about the rate at which rent in respect of the godown was to be paid by the defendant, parties, however, did not agree on the question as to what really the said agreement meant. The amount which, according to the plaintiff, was due not having been paid for considerable period, a suit for its recovery as also for relief of ejectment was filed by the plaintiff. In this suit, several claims were raised. Apart from claiming the amount of rent which was in arrears, the plaintiff also sought to recover an amount by way of damages for use and occupation after the tenancy of the opposite party had been terminated. A sum of Rs. 150/- was also claimed by the plaintiff as compensation for the damage caused by the opposite party to the electrical installations etc. The plaintiff also claimed interest on the unpaid amount as well as an amount towards cost of notice. He also prayed for relief of ejectment.
(3.) The suit was tried by the Judge Small Causes. The learned Judge framed two issues, namely, as to what was the rate of the premises in suit and further as to what was the amount of rent due to the plaintiff. On the first question, the learned Judge came to the conclusion, on the basis of the evidence on record that the total rent of the pakka portion of the godown came to Rs. 64.75 per month whereas in respect of the remaining portion, it came to Rs. 149.32 per month, the total being Rs. 213.82 per month. On the second question, the learned Judge concluded that the plaintiff was entitled in the present suit to recover two years rent from March 12, 1973 to March 12, 1975 (the date of the suit). He observed that he saw no reason to award interest. Consequently, he decreed the suit for recovery of an amount equivalent to two years rent with proportionate costs. He also passed a decree to the effect that the plaintiff would be entitled to pendente lite rent at the rate of Rs. 213.82 per month subject to payment of necessary court-fee.;