ACHARYA T K S Vs. S SATYAMMA

JUDGEMENT

(1.) This revision petition arises out of an order passed by the Chief Judge, City. Small Causes Court, Hyderabad on 29-8-1962. The necessary facts are that the respondent-plaintiff instituted a suit for the recovery of arrears of rent, Rs. 494/-, from the petitoner-defendant for the perio d of 31-7-1959 to 30-9-1961 alleging initer alia that she purchased the suit property from the previous owner and as the "defendant has not paid the rent after she purchased the suit property from the previous owner and as the defendant has not paid the rent after she purchased the property for the period mentioned above.

(2.) The principal defence set up by the defendant was that he has spent an amount of Rs. 465/- on repairs of the house and he is, therefore, entitled to deduct the same from the rent.

(3.) The lower court upon a proper enquiry decreed the plaintiff's suit holding that there was no agreement to deduct the amount spent on repairs from the rent and therefore it cannot be deducted. He declined also to deduct the water tax and the house tax spent by the defendant as no provision of law was brought to the learned Judges notice. He however held that the rate of rent was not Rs. 19 per month, but Rs. 13 and granted a decree accordingly. It is this view of the learned judge which is now challenged in this revision petition.