(1.) The plaintiff is the petitioner in this Civil Revision Petition. The suit was for recovery of excess rent stated to have been paid by him to the landlord during the period from 29-5-1950 to 20-10-1955. According to the plaintiff, he, had filed an application for fixation of the fair rent in 1954 and actually fair-rent fixed for the premises on
(2.) In this C.R.P. Mr. Ranganatha Kamath, the learned counsel for the petitioner, challenges the view of the learned Munsiff that Art.62 of the Limitation Act applies. In fact, according to Mr. Ranganatha Kamath clause (c) of S.6 of the Travancore-Cochin Buildings (Lease and Rent Control) Order, 1950 provides for the amounts to be refunded in such circumstances and therefore he is entitled to claim the entire amount claimed in the suit.
(3.) The view of the learned Munsiff, based upon the decision of the Madras High Court of Mr. Somasundaram, J., reported in 1955-I MLJ 345 (Venkatrama Ayyar v. Kuppuswamy Ayyar) and holding that the plaintiff is entitled to claim only excess amount for three years prior to suit cannot be accepted in view of the later Division Bench ruling of the Madras High Court reported in AIR 1956 Mad. 254 (Mohamed Abdulla Sons v. Avasu - Govinda Menon and Ramaswamy Goundar, JJ.).