MRS. ELIZABETH ANTONY AND OTHERS Vs. GEORGE

JUDGEMENT

(1.) THIS second appeal arises out of a suit for recovery of arrears of house rent as also money lent.

(2.) It was filed originally in the Munsiff's Court at Alleppey as O. S. No. 668 of 1950 but transferred to the Cochin Munsiff's Court, because the house in question was situated and the defendant -tenant resided in Cochin. We are concerned in this appeal only with the question of arrears of rent. These were disallowed to the plaintiff concurrently by both the courts and hence this second appeal by the plaintiff. The tenant -defendant came into occupation on 22 -1 -1122 and was regular in the payment of the agreed rent at the rate of Rs. 125/ - per mensem till 22 -5 -1125 corresponding to 6 -1 -1950. He defaulted for 8 months thereafter and so the claim was made for the arrears. Subsequent to the institution of the suit, the tenant applied for and obtained order dated 21 -4 -1952 under section 4 of the Travancore -Cochin Building (Lease and Rent) Control Order, 1950, fixing the fair rent for the house at Rs. 61 -1 -8 pies. Section 6 (c) of the Order provided

(3.) THE Travancore -Cochin Public Safety Measures Act V of 1950 has this Preamble: