ACCOMMODATION CONTROLLER Vs. SARASWATHI

JUDGEMENT

(1.) THE above Civil Revision Petition has been filed against the fair and decretal order dated 28.11.2002 made in E.P. No. 1980 of 1997 in O.S. No. 613 of 1993 by the Court of X Assistant City Civil Judge, Chennai.

(2.) ON a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the first petitioner is the tenant of a premises belonging to the mother of the respondent herein viz. Tmt. Vittobai Ammal and for recovery of a sum of Rs. 62,544/- with interest at 12% p.a. being the rental arrears from 27.1.1986 to 18.1.1993, the said Vittobai Ammal has filed the suit in O.S. No. 613 of 1993 on the file of the Court of X Assistant City Civil Judge, Chennai as against the petitioners and the said suit was decreed, consequent to which, the decree-holder has filed the E.P. No. 1980 of 1997. The decree amount is Rs. 1,03,071/=. It further comes to be known that the first petitioner has paid a sum of Rs. 79,533/= on 25.10.1996 to the decree-holder.

(3.) SINCE on behalf of the contesting parties, Sections 59 and 60 of the Indian Contract Act, 1872 have been respectively pressed into service, they are extracted hereunder for easy reference: