TAJAMA Vs. HIMMATMAL SUMERMAL AND SONS

JUDGEMENT

(1.) The above appeal is directed aginst the judgment and decree passed by the Civil Judge, Gadag. in RA.48 of 1975 reversing the Judgment and decree passed by the Munsiff in OS 192 of 1972 and remanding the suit to the trial Court with a direction to dispose of the same in accordance with law.

(2.) The appellant is the defendant and the respondent is the plaintiff.

(3.) The plaintiff filed a suit for recovery of excess amount of rent paid by him from 31-8-1962 to 10-5-1971 amounting to Rs. 1,521-50 from the defendant. The defendant entered appearance and contended that the suit was not maintainable and the Rent Controller, under the Karnataka Rent Control Act, alone is competent to order refund of excess payment of rent made by the plaintiff.