THULASI AMMAL ALIAS PARAMESWARI Vs. S MAHAMUNI DIED

JUDGEMENT

(1.) THESE revisions are filed by the landlord under the following circumstances:

(2.) LANDLORD filed his objections and opposing the claim of the tenant. Evidence was adduced before the Revenue Court by both the parties and by order dated 14.10.1992, the Revenue Court held that a sum of Rs.5,154.25 is payable by the tenant for the three faslis. It was further held by Revenue Court that since he has deposited a sum of Rs.1,225 along with the application, he has to further deposit a sum of Rs.3,929.25. He was directed to deposit the same within a period of 30 days. The Revenue Court also found that the claim of tenant that he has deposited a sum of Rs.1,960 in the original suit filed by the landlord is not proved by any evidence and the same cannot be taken into consideration. Challenging the quantum payable, the landlord has filed C.R.P.No.174 of 1993.

(3.) THE scope of said provision came up for consideration before this Court in the decision reported in Ammasai Gounder v. K.Namagiri Ammasai Gounder v. K.Namagiri Ammasai Gounder v. K.Namagiri , (1992)2 L.W. 679 His Lordships Justice M.Srinivasan (as he then was) considered the scope of Sec.5 of the Act. It was held thus: