Jindra Lal, J. - (1.) THIS second appeal arises out a suit brought by respondent Krishan Kumar against the appellant Jagan Nath for the recovery of Rs. 4,720/ - alleged to be the arrears of rent in respect of a shop belonging to Krishan Kumar, admittedly rented out to Jagan Nath by virtue of a rent -deed dated the 8th of December, 1956. The rent deed contains a clause fixing the monthly rent at Rs. 120/ -. Krishan Kumar also claimed interest at the rate of 6 per cent per annum on the arrears of rent.
(2.) THE suit was contested by Jagan Nath on various grounds, one of them being that the rent for the premises was not Rs. 120/ - per month as claimed but Rs. 60/ - and that this matter of quantum of rent had been decided in previous proceedings before the Rent Control authorities and could not be re -agitated. The learned Subordinate Judge First Class, Jind, granted a decree to Krishan Kumar for Rs. 2,359/80nP. with proportionate costs of the suit, on coming to the conclusion that the rent was Rs. 60/ -. Dissatisfied by the judgment and decree of the learned Subordinate Judge First Class, Krishan Kumar went up in appeal, which was decided by the learned District Judge, Sangrur, by his judgment and order dated the 18th July, 1963. The learned District Judge accepted the appeal, modified the decree of the learned Subordinate Judge and in lieu of the decree for a sum of Rs. 2,359/80nP. with proportionate costs of the suit, granted to Krishan Kumar a decree for a sum of Rs. 4,320/ - as arrears of rent from 8th January, 1958 to 7th January, 1961 and Rs. 400/ - as interest on these arrears at the rate of 6 per cent per annum and therefore, granted a total decree for Rs. 4,720/ - as claimed by Krishan Kumar with costs throughout.
(3.) DISSATISFIED by this judgment and decree of the learned District Judge, Sangrur. Jagan Nath has come up in second appeal to this Court.;