KAILASH PRASHAD JHUNJHUNWALA Vs. NAGARMAL BISHWANATH AND OTHERS

JUDGEMENT

(1.) This appeal by the plaintiff arises out of a suit for recovery of Rs. 9,754.74 paise on account of arrears of house rent from July, 1957 to November, 1962, at the rate of Rs. 120/- per month, besides interest and other costs.

(2.) The defence taken was twofold, (i) that the claim from July, 1957 to November, 1959 was barred by limitation and (ii) that the plaintiff was not entitled to claim interest.

(3.) The trial court decreed the claim of the plaintiff so far as arrears of rent was concerned in full, but accepted the defence case in regard to the plaintiff not being entitled to interest. On appeal by the defendants to the lower appellate court, the plaintiff's claim for arrears from July, 1957 to November, 1959 has been held to be barred by limitation. Hence this appeal by the plaintiff to this court.