ISRARUL HAQ Vs. LALA RAM

JUDGEMENT

(1.) THIS is a plaintiffs appeal which arises out of a suit for recovery of Rs. 1,995 as arrears of rent together with pen-dente lite and future interest.

(2.) ADMITTEDLY defendant No. 1 took the house on rent from the plaintiffs on a monthly rent of Rs. 210. Defendant No 1 vacated the premises on 15-5-50. He paid Rs. 2,100 by two cheques to the plaintiffs on 22-5-50. The plaintiffs had instituted the suit in appeal for recovery of rent from 1-10-48 to 15 5-1950. The defendants contended inter alia that the suit was barred by limitation. The trial Court decreed the suit. The lower appellate Court modifying the decree of the trial Court decreed the suit only for Rs. 315 holding that the claim for the rest of the amount was barred by limitation. Aggrieved from the aforesaid decision of the Court below the plaintiffs have come in appeal to this Court.

(3.) LEARNED counsel for the respondents relied on Abdul Aziz v. Munna Lal. AIR 1921 All 325. Ft was observed:- - "In the case of a tradesman's account the liability to pay for each item of goods delivered, either day by day or week by week, is in the case of each item the date of delivery of that particular item".