P ACHUTHAN PILLAI Vs. AMEENA BAI

JUDGEMENT

(1.) Second Appeal No. 677 of 1977 arises out of O.S. 36/68 and Second A Appeal No. 676 of 1977 arises out of O.S. 56/71 on the file of the Sub Court, Cochin. Both the suits are for arrears of rent in respect of the premises let out to the defendant by the plaintiff as per the terms of Ext. A1 agreement dated 20-8-1958. O.S. No. 36/68 is for a period of three years from May 1965 and O.S. No. 56/71 is for a period three years from May 1968.

(2.) The defendant is the appellant in both these Second Appeals. As per Ext. A1 the premises described therein including a godown and a jetty for loading and unloading cargo from the backwaters of Cochin were let out to the defendant by the plaintiff on a monthly rent of Rs. 1, 500/-. The rent was in arrears for the three years period aforesaid and the two suits are filed for recovery of arrears of rent, at the rate fixed in Ext. A1.

(3.) The defence to the suit is that for the failure of the plaintiff to carry out the repairs to the godown and the jetty the premises were rendered unfit for use to the defendant, he had to incur expenses by hiring other premises for the purpose of his business and hence the plaintiff is not entitled to recover arrears of rent for the period claimed in the two suits. As per the additional written statements filed in both the suits the defendant claims set off of the arrears of rent towards the damages suffered by him in respect of which he has made counter claims for both the periods. Requisite court fee was also paid on the counter claims of the defendant.