NARAYANAN NAMBIAR Vs. RAMAN

JUDGEMENT

(1.) The plaintiff decree holder, who is the appellant before me, instituted the suit O.S. 693/1955 for recovery of possession from the tenant the respondent herein. A decree was passed on 29th September 1955.

(2.) Clause.1 of the decree was to the effect that on the tenant paying within 2 months from that day the amount mentioned therein, the suit shall stand dismissed.

(3.) Clause.2 provided that in default of the payment of the amount mentioned in Clause.1 the plaintiff was entitled to recovery of possession of the plaint schedule properties along with the amount stated therein. There is no dispute that the decree as it originally stood, gave a right to the landlord to get arrears of pattom for the years 1129 and 1130 alone. E. A. 814/1955 was filed by the defendant tenant to record full satisfaction of the decree and on 1-2 -1956, full satisfaction was recorded. Subsequently, the plaintiff appears to have filed a memorandum to amend the decree dated 29-9-1955 by incorporating a provision regarding the payment of future rent by the tenant, that is, the rent for the year 1131 also. Accordingly, an amendment was duly made in the decree by providing in Clause.1 as it originally stood, for payment also of the future rent due as shown later in the decree.