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1954 Supreme(Mad) 497

SOMASUNDARAM
B. S. Venkatarama Ayyar – Appellant
Versus
K. T. Kuppuswamy Ayyar – Respondent


Advocates:
T.R. Srinivasa Ayyar for Petitioner.
O.K. Ramalingam for Respondent.

Judgment

This revision arises out of a suit filed by the tenant to recover the excess amount paid by him. The petitioner in this case is the landlord. The respondent was the tenant. The tenancy commenced on 15th May, 1947, with the payment of Rs. 60 as advance rent and the monthly rent was agreed at Rs. 30. Subsequently the tenant filed a petition before the Rent Controller for the fixation of fair rent. On 7th June, 1948, by an order of the Rent Controller, the rent was fixed at Rs. 6-4-0. It was taken up in appeal by the landlord and by an order dated 17th November, 1948, the rent was fixed at Rs. 8-15-0. The suit is new filed on 13th November, 1951, for recovering the excess amount that he paid. In the lower Court it was agreed that the period for which the excess amount was to be recovered was from 15th May, 1947, to 27th May, 1948. Among the several pleas that were taken by the landlord one was the plea of limitation. It was contended before the lower Court that Article 62 of the Limitation Act applied to the case under which the limitation is three years from the date the money is received. The lower Court has held that it was not Article 62 butArticle 120 that applies to the











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