RAMRAO RAOJI PALKAR Vs. AMIR KASAM BHAGWAN

JUDGEMENT

(1.) THE facts in this case briefly are that applicant No. 1, original defendant No. 1, is the tenant of the opponent -plaintiff since several years. In November 1952, the plaintiff filed a suit against the two defendants for recovering possession of the suit premises, arrears of rent and future mesne profits. He alleged in the plaint that defendant No. 1 had agreed to pay him rent at Rs. 10 per month and that he was in arrears of rent since August 15, 1947. Applicant No. 2 was joined as defendant No. 2, as she was living in the suit premises along with defendant No. 1. Defendant No. 1 contended that the standard rent of the premises was Rs. 4 per month, that the rent claimed by the plaintiff was excessive and that rent only for three months, September, October and November 1952, was in arrears.

(2.) THE trial Court found that the standard rent was Rs. 6 per month and that defendant No. 1 was not ready and willing to pay this rent. The trial Court, therefore, passed a decree for possession of the suit premises and for arrears of rent in favour of the plaintiff.

(3.) THE only point, which has been urged by Mr. Padhye in this application, is that the learned Judgewas not competent to direct defendants to pay arrears of rent, the recovery of which was barred by limitation on the date of the suit, viz. November3, 1952.