- (1.) Heard learned counsel for the appellant.
(2.) Plaintiff-appellant filed a suit for eviction against defendant in trial court on the ground of default in payment of rent. Provisional rent was determined and the same was deposited by the defendant in time, therefore, learned trial court granted benefit of first default and did not pass a decree of eviction against the defendant. The due rent amounting to Rs. 7,417.50 paise had already been deposited by the defendant, but the trial court still passed a decree, while dismissing the suit, that the said amount be paid by the defendant to plaintiff within a period of two months.
(3.) Being aggrieved with said part of the order, the defendant preferred an appeal before the first appellate court. This fact was not disputed by learned counsel for the plaintiff also before first appellate court that the said amount had already been deposited by the defendant. In these circumstances, first appellate court partly allowed appeal of the defendant and set aside the order of the trial court with regard to direction to make payment of Rs. 7,417.50 paise.;