M.P. Singh, J. - (1.) THE plaintiff opposite parties have filed suit No. 279 of 1979 against the petitioner for arrears of rent and ejectment on the ground that the rate of rent was Rs. 12.50 per month and he was in default since 1972. The petitioner contested the suit on the ground that the rent was not Rs. 1250 but Rs. 10. He has paid the entire amount of rent and therefore, there was no default.
(2.) ANOTHER Suit No. 280 of 1979 has also been filed against the petitioner by the respondents stating that the rate of rent was Rs. 20 per month. This suit was contested by the defendant -petitioner on the ground that the rate of Rent was not Rs. 20 but Rs. 10 per month. Suit related to different premises. Both the suits were consolidated together and decided by judgment and order dated 8.4.1980. While dismissing the suit, the learned Judge Small Causes Court held that the rate of rent of the accommodation was Rs. 10 per month and not 20 per month or Rs. 12.50 per month. Against this order and decree, the landlord filed revision before the District Judge, Meerut.
(3.) BY means of the order dated 30.5.1981, the learned District Judge allowed the revision and remanded the case to learned Judge Small Causes to decide afresh after permitting the parties to lead fresh evidence. It is important to note that after the remand, no fresh evidence was led.;