RAJALAKSHMI Vs. SENTHILNATHAN

JUDGEMENT

(1.) CHALLENGE is made to an order of the IX Assistant City Civil Court, Madras, made in I. A. No. 12066/2005, an application for review of the decree granted in O. S. No. 6557/2001.

(2.) THE Court heard the learned Counsel on either side.

(3.) IT was a suit for recovery of rental arrears and arrears of amenity charges by the revision petitioner/plaintiff against the respondent/defendant alleging that the defendant was in arrears of rental and amenity charges from 1. 2. 1994 to 12. 6. 2000 at the rate of Rs. 5,000/- per month; that he was liable to pay Rs. 2,53,250/- along with interest and costs. The suit was resisted by the respondent/defendant on different grounds. After the framing of issues, the parties went on trial. There was a decree passed by the Court on 4. 4. 2005 for a sum of Rs. 1,55,000/- wherein it was made clear that the decree was granted, in view of the point of limitation, only for a period of three years just preceding the date of the filing of the suit that was from 16. 11. 1997 to 16. 11. 2000. Thus, the plaintiff was entitled for the decree only to that period to the tune of Rs. 1,55,000/- and in that, the rest of the claim was rejected. Thereupon, the defendant filed a review application in I. A. No. 12066/2005 stating that the three payments were made by him to the plaintiff in the Rent Control proceedings namely Rs. 33,750/- on 17. 11. 1997, Rs. 60,000/- on 12. 6. 2000 and Rs. 35,000/- at the time of the commencement of the tenancy; that these three amounts were not given credit to; that they were not noticed by the trial Court while passing the decree; that these amounts should be given credit to, and the decree has got to be amended by way of reviewing the same. On contest, the said application was allowed. Aggrieved over the said order passed in the review application, the plaintiff has brought forth this revision before this Court.