RENGANATHA PAI Vs. PARUKUTTY AMMA ALIAS THANKAMMA

JUDGEMENT

(1.) THIS civil revision petition is by the plaintiff in S. C. S. No. 400 of 1962. The suit was dismissed by the Additional Munsiff, ernakulam, on the ground that it was barred by limitation.

(2.) THE plaintiff was the tenant of a building of the defendant. THE suit was instituted on 17121962. It was for the recovery of the rent paid by the plaintiff to the defendant in excess of the fair rent during the period from 27-3-1949 to 29 51951.

(3.) THE judgment under revision followed a decision of vaidialingam, J. in Damodar Hegadi v. Vittappan, 1960 KLT. 67. In that case the learned judge held: "there may be a statutory right given to a tenant to claim an adjustment or a refund, but if the relief for that refund is sought for through the medium of a court the provisions of the Limitation Act will apply. Under Art. 120 a tenant will be entitled to get a refund of the excess amounts paid by him only within a period of six years prior to the suit. THE claim for an anterior period is clearly barred. " (Head-note)