1. This is a plaintiff's appeal, arising out of a suit, for arrears of rent, amounting to Rs. 252/-, alleged to have been due from the defendant, from 1st October, 1949 till 30th September, 1952. The arrears of rent, claimed by the plaintiff, were in respect of the shop in dispute.

2. The plaintiff's case was that he was the owner of the shop in dispute and that the defendant was his tenant and was paying Rs. 7/- per month as rent. The defendant's tenancy was from month to month beginning from the 1st of each month and that the rent in respect of the shop in dispute was due from 1st October, 1949 till 30th September, 1952 and that the defendant failed to pay the rent for that period in spite of several demands and hence the suit.

3. The plaintiff filed the suit on 3rd October, 1952 in the Court of Judge Small Causes. On 9th April, 1954, the learned Judge held that the suit was not cognizable by him and ordered the plaint to be returned to the plaintiff for presentation to the proper court. Against that order, the plaintiff preferred a revision in the High Court, which was dismissed on 11th August, 1960. The plaintiff claimed that he was entitled to the benefit of S.14 and S.5 of the