LEELA VENUGOPAL Vs. RAJASEKHARA SHETTY

JUDGEMENT

(1.) This revision under S.18 of the Small Cause Courts Act is by the plaintiff in SC. 1618/72 on the file of the Court of the Small Causes at Bangalore.

(2.) The undisputed facts are: The defendant-respondent was a lessee of a premises belonging to the petitioner-lesser on a monthly rent of Rs.200. He WES in arrears of rent for the month of Novr 1971 (i.e.Rs.200) which had to te paid by 1-12-1971. It would appear that the water meter attached to and situated within the leased premises, and which was in a sound condition, had been stolen on the night of 6-12-1971. The lessee therefore, called upon the lesser to have the same replaced presumably by way of repair. On lessor's refusal to comply, the lessee himself got it replaced at a cost of Rs.78, through the Water Supply and Sewerage Board. He. therefore, deducted the same from out of the rent due for the previous month of Novr and sent the balance of rent of Rs.122 which was refused by the lessor. Therepon, the lessor sued for the month's rent in question. The defence of the lessee-defendant was that he was entitled to such deduction and, therefore, not liable to pay the rent in question in full.

(3.) The learned Small Cause Judge while rightly addressing himself to the question whether the lessor was liable to meet the cost of such replacement, which he considered to be a mere repair, held that the lessor was so liable and in the absence of action on her part to effect the same, the lessee was entitled to do so end deduct the cost from out of the rent payable. He made a decree, therefore, for a sum of Rs.122 only. Hence the petition.