SUKHDEO CHUNNILAL Vs. GENDALAL SALUKCHAND

JUDGEMENT

(1.) THIS revision under Section 25 of the Provincial Small Cause Courts Act is by the plaintiff against the decree, dated, 30-4-1962, passed by Shri M. L. Gupta, Small cause Judge, Dhar, in Small Cause Suit No. 4 of 1962.

(2.) THE petitioner's case was that the first respondent, who is the manager of the joint Hindu family of the respondents and in charge of management of the joint hindu family firm, known as 'kantilal Sardarmal', had taken the furnished shop of the petitioner on rent at Rs. 50/- per month with effect from 20-11-1959, The rent for the earlier period had been paid, but it was due with effect from 20-6-1961 to 20-12-1961. The electric charges had been settled at the rate of Rs. 5/- per month. There-fore, the petitioner claimed rent and electric charges for six months amounting to Rs. 330/- along with interest on the amount at the rate of Rs. 9/per cent per annum.

(3.) THE respondents in their defence alleged that no arrears of rent or electric charges were due. According to them, they had taken the premises, on rent at Rs. 10/-per month from 18-11-1959. The petitioner's son, Shantilal was a partner and a Munim in the firm of the respondents. When he made wrong entries in the account-books of the respondents regarding rent and electric charges, the respondents protested. They further alleged that they were liable to pay the charges for the actual electricity consumed, and not at a fixed rate. The amount of rent due for 19 months was Rs. 190/- and the electric charges Rs. 57/ -. Thus the total amount due was Rs. 247/-, while the petitioner had recovered excess amount of Rs. 855/ -. The said excess amount was, therefore, liable to be treated as advance rent for the future. It was also alleged that the petitioner's son, Shantilal had embezzled large amounts of the respondents' firm and had made wrong entries in the account-books. In order to counter the criminal cases started against shantilal, the petitioner falsely filed the present suit for rent.