Ramaswami Gounder, J.-This revision is filed by the plaintiff in S.C.S. No. 638 of 1952 on the file of the Principal Small Cause Court, Madurai, to recover from two defendants, the respondents to this revision petition, a sum of Rs. 480 claimed as refund of the excess rent paid by the plaintiff at Rs. 5 per month over and above the fair rent determined by the Rent Controller. The house-property in question belong d to the defendants and the plaintiff became a tenant under the second defendant with effect from 14th January, 1943, on a monthly rent of Rs. 35. The plaintiff was paying rent at that rate to defendant 2 till October, 1948, when a partition took place between the second defendant and her son, defendant 1, in which the property in question was allotted to the share of defendant 1; and thereafter the plaintiff was paying the rent only to defendant 1 at the said rate. Then, in 1950, the plaintiff filed an application M.B.P. 195 of 1950 for fixation of fair rent; and on that application, the Rent Controller fixed the fair rent at Rs. 30 a month’ that is, by reducing the agreed rate of rent by Rs. 5 a month. The plaintiff gave a notice on 14th February, 1951, to the first defe

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