JOSEPH Vs. MOHANAN

JUDGEMENT

(1.) THIS revision is preferred by the plaintiff against the judgment and decree of the lower appellate court in A. S. No. 85 of 1990 dated 18-12-1990 by which the judgment of the Trial Court in O.S. No. 54 of 1985 on the file of the Addl. Munsiff's Court, Cochin was reversed and the suit was dismissed.

(2.) THE plaintiff is the owner of a building and the defendant is a tenant. This rent stipulated was Rs. 75/- per month. The plaintiff came to court contending that the defendant respondent has committed default in payment of the rent, and that a sum of Rs. 2,250/- is due towards arrears of rent. The respondent - defendant took the stand that he had paid an advance amount of Rs. 5000/-, and not merely Rs. 225/- as stated by the plaintiff. On the said question, the Trial Court framed the following issues;

(3.) AGAINST the said judgment, initially the defendant preferred a revision in this Court, but this Court held that a revision should not be directly filed in this Court and that the defendant should approach the lower appellate court. Thereafter the appeal was filed with an application for condonation of delay. The delay was condoned and the appeal was registered. In the appeal, the lower appellate court has framed the following point for consideration : "Whether the advance paid is Rs 5,000/- or only Rs. 225/-." After framing the said point, the court considered the evidence of PWs. 1 and 2 and DW1 and compared the signature in Ext. B1 purporting to be that of the plaintiff with the signature of the plaintiff in the vakalath, plaint and 1.A. and came to the conclusion that the signatures are similar, with the signature in Ext. B1. In the light of the said finding, the lower appellate court stated that Ext. B1 receipt was true.