DAMODAR Vs. MUKHTIYAR AHMED

JUDGEMENT

(1.) THIS is an application under sec. 152 C. P. C. moved by the plaintiff petitioners (tenant) dated October 27, 1977 which was submitted on Match 27, 1978. It has been prayed that the mistake in the penultimate paragraph of the judgment of this court dated January 13, 1977 passed in S. B. Civil Revision Petition No. 331 of 1976 be corrected by substituting Rs. 3/- and Rs. 7. 50/- in place of Rs. 7/- and Rs. 18/- respectively.

(2.) THE facts giving rise to this application may briefly be stated as follows: -

(3.) THEREAFTER, this application u/s. 152 C. P. C. moved. It has been mentioned in the application that this court vide judgment dated January 13, 1977 maintained the standard rent fixed by the Munsiff prior to the date of the judgment of the learned Additional District Judge dated April 13, 1976. The learned Munsiff in his judgment dated May 29, 1973 fixed the standard rent of the house at Rs. 3/- per mensem and that of the shop at Rs. 7-50/- from the dated of the suit, i. e. , November 8, 1966. In the judgment while maintaining the standard rent fixed by the Munsiff prior to the date of the judgment of the lower appellate court, the learned Judge made an order that the tenants are liable to pay rent of the house and of the shop for the period November 8, 1966 to April 12, 1976 @ Rs. 7/- and Rs. 18/- per mensem respectively. But this is agreed by rate of rent and not standard rent determined the learned Munsiff. According to the petitioners, there is clerical error in respect of figures 7 and 18, on account of the accidental slip and, therefore, they have prayed that a correction be made by this court by substituting the figures 3 and 7. 50 in place of the figures 7 and 18 respectively.