ANNAMMAL Vs. R NARASIMHAN

JUDGEMENT

(1.) THIS revision petition is directed against an order of the Registrar of Court of Small Causes, Madras, dismissing an application filed by the petitioner herein under Sec. 60 of the Presidency Small Cause Courts Act, 1882, for discharging a distress warrant dated 13. 9. 1991 issued on an application filed by the respondent herein in Distress Application No. 113 of 1991. The necessary facts for deciding this revision petition are as follows:

(2.) THE petitioner and the respondent entered into an agreement on 25. 2. 1982 under which the respondent agreed to sell a flat allotted to him by the Tamil Nadu Housing Board and situated in the First Floor in 5th Avenue, Anna Nagar , madras-40, Under that agreement, the petitioner was to pay a sum of Rs. 1 ,75,000 as sale consideration and paid a sum of Rs. 40,000 by way of advance. THE agreement fixed the time for payment of the balance in stages. Under Clause (11) of the Agreement it is provided that till the date of execution of the deed of sale by the respondent in favour of the petitioner, the petitioner will be treated as a tenant and she shall pay a monthly rent of Rs. 600 excluding the charges for amenities. On 14. 7. 1982, the respondent issued a receipt to the petitioner's daughter Mrs. K. V. Sudha for a sum of Rs. 2 ,000 stating that it represented the rental advance for june, July, August, September and October, 1982, for the said premises. It was also provided in the receipt that if the sale deed gets registered in favou r of the petitioner herein before October, 1982, the respondent would return the rent for the period from the date of registration to October, 1982.

(3.) . It appears that there was a reply by the respondent on 19. 7. 1991 raising certain contentions. A rejoinder was issued by the petitioner's counsel on 23. 7. 1991 in which the particulars about the claim for the sum of Rs. 7 ,600 were given. The relevant portion of the rejoinder reads thus: "you have asked for particulars about the claim for a sum of Rs. 7 ,600. The following are the particulars. As per the order of court the payments were made in the following manner. 1986 September Rs. 15 ,000. 00 October, 1986 to December, 1986 for 3 months.Rs. 1. 800. 00 January, 1987 to December, 1990 for 48 months.Rs. 28 ,000. 00 January, 1991 to April, 1991 for 4 months. Rs. 2,400. 00 Total --------------Rs. 48 ,000. 00 As per the judgment renderedby the court the rent payableis at Rs. 400 per month. Rs. 40 ,400. 00 -------------- Balance Rs. 7,600. 00-------------- Once again, the respondent was called upon to adjust the amount as against the monthly rent payable, if any. No doubt a contention was put forward in the letters by the petitioner that she was not liable to pay rent after the judgment delivered by this Court.