FRANK L J LOBO Vs. PIAD PINTO BAI

JUDGEMENT

(1.) Plaintiff is the petitioner in this revision petition. He filed SCS. No. 119 of 1967 in the Court of the II Addl. Civil Judge at Bangalore for recover, ing a sum of Rs.707-20 being the .balance of the amount due to him from the defendant, towards the payment of the arrears of rent for the year 1961-62, 1962-63 and 1963-64.

(2.) The defendant resisted the suit on several grounds. It was stated that the claim was barred by limitation, that on account of the deposit of rentals in the Fair Rent Petition 7 of 1965, the claim of the plaintiff was unsustainable and that the plaintiff had no cause of action at all and finally the suit was barred by estoppel.

(3.) The learned II Addl. Civil Judge took the view that the suit was in time, but held that as the plaintiff has accepted the payment of rent in Fair Rent Petn. 7 of 1965, the suit was not maintainable and that the plaintiff had no cause of action to maintain the suit. In that view, he dismissed the suit.