RACHAPPA MAHARUDRAPPA KALAGI Vs. IRAPPA

JUDGEMENT

(1.) This is an appeal from the judgment and decree passed by the Civil Judge, Bijapur directing the appellant to pay Rs. 1,244-78 to the respondent with future interests and cost.

(2.) The sole point argued in this appeal relates to limitation. In order to appreciate that point, it is necessary to refer to a few admitted facts.

(3.) The present appellant was the defendant in Civil Suit No. 38 of 1961 which was instituted by the respondents on 27-7-1961 for recovery of Rs. 1,244-78 nP. as being due under a khata balance as in the year 1952. The plaintiff had been in possession of certain shop premises belonging to the defendant-appellant's father on an annual lease of Rs. 55. The defendant gave a notice on 7-7-1963 terminating the lease and thereafter instituted Civil Suit No. 145/55 in the Civil Court. Therein the plaintiffs pleaded that there had been an oral agreement of lease under which they were to continue in possession of the property as lessees for a period of 22 years in liquidation of the khata balance and that the suit for eviction was not tenable. The trial Court decreed the suit on 31-10-1955 requiring the present plaintiffs to deliver possession of the property and pay arrears of rent. The plaintiffs filed an appeal to the District Court and then to this Court in Second Appeal No. 100/1957 without any success. It was contended in that appeal that the Courts below should have passed a conditional decree for possession subject to the payment of khata balance. That contention was negatived on the ground that that was not a case in which any benefit was received by the defendant-lesson in the form of cash. The material portion of the judgment of this Court dealing with this contention reads as follows: