S VENKATARAMAN Vs. M V KRISHNASWAMY

JUDGEMENT

(1.) THIS is a civil revision petition against the judgment of a Bench of the Small cause Court, Madras, allowing the appeal against the judgment of a single judge of the Court of Small Causes, Madras.

(2.) S. C. No. 1082 of 1972 was filed by the respondent herein for the recovery of a sum of Rs. 1,260/ -. The plaintiff claimed the same as arrears of rent. The plaintiff was in occupation of the building bearing No. 26 (No. 1) T. P. Koil St, triplicane, Madras, as the tenant of Sri Parthasarathiswami temple, Triplicane, madras. He permitted the defendant to use a portion of the property for two hours every day in the evening on the defendant agreeing to pay every month rs. 35/ -. According to the plaintiff, the defendant was only a licensee, who was permitted to use the premises during the said two hours every day on the aforesaid terms. Alleging that for the period from 1-11-1967 to 31-12-1971, the defendant did not pay and that a sum of Rs. 1,750/- was due, the suit was filed only for the sum of Rs. 1,260/-, as the claim for the balance was barred by limitation.

(3.) THE defendant contended that there was no privity of contract between him and the plaintiff, that he became the sub-tenant under one V. V. Ranganathan, the plaintiff's uncle, on 6-2-1962, on a monthly rent of Rs. 35/-, that ranganathan has issued receipts for the payment of rent for the months of march, April and May, 1962, that subsequently, the son of Ranganathan has issued receipts, that Ranganathan has received rent upto the end of May 1968, that the rent subsequently sent by money order was refused by Ranganathan, that Ranganathan has also received an additional sum of Rupees 200/- by way of advance, that after the notice dated 14-10-1968 issued by the plaintiff revoking the licence, he is no longer a licensee, under the plaintiff and that the suit for the alleged arrears of licence fees is not maintainable.