Decided on October 04,1944

Mahmood H.Y. Appellant
The Kerala Corporation Ltd. Respondents


Chandrasekhara Aiyar, J. - (1.) THIS is a simple case where the landlord seeks to recover from the tenant possession of certain premises taken on lease on 1st January, 1943, for one year on a monthly rent of Rs. 300 for the first three months and Rs. 320 for the remaining period. The plaintiff states that the defendants are in arrears of rent for the months of October, November, and December, 1943, amounting to Rs. 662 -6 -7. He also seeks to recover mesne profits at Rs. 320 a month from the date of the termination of the tenancy, viz., is January, 1944, upto the date of delivery of possession.
(2.) THE defences raised are that even after 1st January, 1944, the defendants continued in possession of the ground floor of the premises on a monthly rent of Rs. 100 and that they are liable to pay rent only at this rate and further they that are entitled under the Madras Rent Control Order, 1941, to, continue in occupation till 1st March, 1945. Two subsidiary questions have also been raised, namely, that the plaintiff is liable to make good a sum of Rs. 191 -7 -0 which was collected from the defendants by the Electric Supply Corporation as charges for the supply of electric current from 1st April, 1942, to 31st December, 1942, and that the plaintiff should return the advance of Rs. 1,000 admittedly in his hands. Whether on the termination of the suit tenancy a fresh tenancy arrangement came into existence with effect from 1st January, 1944, as regards the ground floor portion of the premises, is one of the questions that arises for decision in this case, and the answer depends mainly on the documents that have been filed on both sides. The other important question is whether, even if it be held that there was no such fresh tenancy, the defendants could be treated as tenants holding over and thus entitled to the benefits of the House Rent Control Order; and this is a question of law.
(3.) THE liability for the payment of the electric charges can be disposed of very shortly.;

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