MALLADI SEETHA RAMA SASTRI Vs. MALLALA SOBHANACHALAPATHI RAO

JUDGEMENT

(1.) THIS petition arises out of a suit to recover arrears of rent due by the defendant to the plaintiff in respect of a dwelling house in Bezwada. The plaintiff sued for rent payable between 9th July, 1941, and 8th November, 1942. Up to 25th July, 1941, the rent agreed was apparently Rs. 22 per month and there -after Rs. 35. The suit was decreed on 15th October, 1943. In January, 1944, the defendant successfully prayed the Court to be allowed to pay in instalments. He paid three sums which in all amounted to Rs. 347.

(2.) ON 17th March, 1944, an application was made to the Rent Controller, under the Madras House Rent Control Order, 1941, who fixed the fair rent of the property in question, and he fixed the rent at Rs. 21. Despite this, the plaintiff applied to the Court in execution of the balance due under the decree. The Court held that as the Rent Controller had fixed the fair rent his order must be taken as superseding the amount ordered by the decree. On the footing that Rs. 21 was only payable per month, the rent due in accordance with the Controller's order has been fully paid by the instalments referred to, and the decree was therefore satisfied.

(3.) THE Control Order of 1941 came into force on nth August, 1941, with regard to the City of Madras. Sub -clause (3) of Clause (1) of the order says that the order shall extend to such areas within the Province of Madras as are notified by the Provincial Government. By Government Order it was later extended to various districts such as the Nilgiris and Madura and then, on the 17th March, 1942, it was extended to the rest of the Presidency. Clause 6 (c) provides that when the Controller has determined the fair rent of a house any sum in excess of such fair rent paid after the commencement of the order in respect of residence after the commencement of the order shall be refunded to the person by whom it was paid, or at the option of such person, otherwise adjusted. I read that sub -clause as meaning that after the application of the order to the district in which the house is situated, the clause shall apply and excess payments shall be refunded.