MANIYAN Vs. JYOTHIS

JUDGEMENT

(1.) The defendant in a suit for arrears of rent and arrears of current charges is the appellant. As regards arrears of current charges there is no challenge in this appeal.

(2.) The first defendant was admittedly a tenant of the plaintiffs. He was evicted as per an order of the Rent Controller on 14-2-1979. The plaintiffs have claimed arrears of rent for the periods from 25-3-1977 to 23-2-1979. They have claimed rent at the rate of Rs. 312. 50. Originally the monthly rent of the building was Rs. 200/-. It was enhanced to Rs. 245/- in the year 1963. Further, it was enhanced to Rs. 255/- with effect from 25-6-1969 and then from 25-7-1969, the rent was raised to Rs. 312. 50.

(3.) The defendant contended that the plaintiff is entitled to claim only the fair rent and in the suit fair rent has to be determined and on the basis of fair rent no amount is due to the plaintiffs. The Trial Court determined the fair rent at Rs. 293. 25. The Trial Court decreed the suit on the basis of the said fair rent. No adjustment was given to the defendant. The defendant filed an appeal. The appellate court considered the question afresh and found that the defendant is entitled to an adjustment for a short period. The appellate court said that the defendant can claim adjustment only for three years prior to the claim made for fair rent in the written statement. The written statement was filed on 16-8-1979. The appellate court found that the defendant is entitled to get a refund of the excess amount paid for the period of three years prior to the filing of the written statement, i. e. he is entitled to the refund or adjustment of the excess amount paid only after 16-8-1976. The excess amount paid after 16-8-1976 was calculated and found that the defendant has paid for seven months at the rate of Rs. 312. 50 and so, the defendant is entitled to get refund or adjustment of Rs. 154/-. The suit was decreed accordingly. Now, the plaintiffs have filed a cross objection stating that the defendant is not entitled to get any adjustment or refund of the excess amount paid over and above the fair rent. The defendant has filed the appeal claiming that he is entitled to get adjustment from the very beginning, namely, from 25-7-1969, the date on which the rent was fixed at the rate of Rs. 312.50.