LAWS(KER)-1960-11-37

PATTI AMMA Vs. RAMAN NAIR

Decided On November 24, 1960
PATTI AMMA Appellant
V/S
RAMAN NAIR Respondents

JUDGEMENT

(1.) THE petitioner is the decree-holder who has obtained a decree for recovery of possession of the suit property with arrears of rent on the strength of a lease of 1946.

(2.) THE decree provided

(3.) THE 2nd defendant tenant filed R. I. A. 2385/1956 "under Sections 151 and 152 of the Code of Civil Procedure, praying for an amendment of the decree, by deleting the clause directing deposit of "future rent. " He contended "the clause in the decree directing deposit of future rent is not in conformity with the judgment and consequently the decree is liable to be amended by deleting the said clause". The learned Munsiff by his order dated 17th January 1957 allowed R. I. A. observing :