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1961 Supreme(All) 136

M. C. DESAI, T. RAMABHADRAN
TOWN AREA COMMITTEE – Appellant
Versus
BUDH SEN – Respondent


Advocates Appeared:
B.N.ASTHANA, J.N.AGARWAL

DESAI, C. J.

( 1 ) THIS is a revision under the Small Cause Courts Act by the Town Area Committee of Raya whose suit for the recovery of a sum of money from the opposite party has been dismissed by the court of Small Causes.

( 2 ) IN exercise of the powers conferred by Section 293 (1) of the Municipalities Act, which is in force in the Town Area, Raya, the Town Area Committee granted the theka of a shop to the opposite party for one year on payment of Rs. 2000/-, to be paid in monthly instalments or Rs. 200 and Rs. 100. The respondent paid some instalments and defaulted in payment of the rest. Consequently on 14-4-55 the suit giving rise to this revision was instituted by the applicant against the opposite party for recovery of the balance of the money due. The suit has been dismissed by the learned Judge of the Court of Small Causes on the ground that it was one for recovery of rent governed by Article 110 of the Limitation Act or for damages for breach of contract governed by Article 115 the limitation for which is three years. The applicant contended that it was a suit governed by neither of the two articles and, therefore the period of limitation for it was governed by the resi






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