BASAPPA Vs. SHRISHAILAPPA SHIVAPPA

JUDGEMENT

(1.) The appellants are the plaintiffs who brought a suit for recovery of rent in respect of a period of five years commencing from the year 1953-54 and ending with year 1957-58. The suit for the recovery of this rent was brought on October 28, 1959. In respect of the rent payable for the years 1953-54 and 1954-55, the defence was a plea of limitation.

(2.) The court of first instance negatived that plea and recorded a finding that the suit was within time. But in the appeal preferred by the tenants, the District Judge dismissed the plaintiff's suit with respect to these two years upholding the plea of limitation advanced by the defendant.

(3.) The plaintiffs appeal.