J MANDREWS Vs. RADIO ENGINEERNG CO

JUDGEMENT

(1.) This second appeal by the plaintiff is directed against the judgment and decree passed by the Civil Judge, Bangalore, confirming the judgment and decree passed by the Munsif, Civil Station, Bangalore. The appeal raises an interesting question regarding the applicability and interpretation of Article 110 of the Indian Limitation Act.

(2.) The facts of the case briefly are as follows : The plaintiff is the landlord of the respondent. The latter took from him certain premises situated in Brigade Road, Bangalore. The three premises have been in the possession of the defendant. The original rent agreed between the parties was Rs. 65/- per month for each of the premises. The plaintiff filed an application before the Rent Controller for fixation of fair rent on 8-12-1949. The Rent Controller rejected that application, in the appeal filed by the present appellant, the Additional District judge enhanced the rent and fixed the same at Rs. 75/- per month with effect from the date of application. This order was passed on 30-9-1953. The present suit was filed on 21-3-1956 claiming Rs. 1806/- as the difference in the arrears of rent from 8-12-1948 to the date of suit. The claim was resisted by the respondent on. the ground that it was barred by time. The trial Judge passed a decree only for Rs. 756/- with proportionate costs, and dismissed the rest of the claim. In the appeal preferred by the appellant before the Civil Judge, Bangalore in Appeal No. 162 of 1957, the latter upheld the conclusion of the Munsiff and dismissed the appeal :

(3.) Being aggrieved by this decision, the appellant has brought this appeal to this Court and contended that his entire claim should have been decreed and the Courts below had erred in interpreting the scope and the meaning of Article 110 of the Indian Limitation Act.