NAUSHIR MARAFATIA AND CO Vs. BANK OF BARODA LIMITED

JUDGEMENT

(1.) This is a revision petition filed by the original defendant-tenant against the plaintiff-opponent (landlord) against the judgment and decree passed by the learned Judge of the Small Causes Court Ahmedabad in Summary Suit No. 2106 of 1969 decreeing the plaintiffs suit against the defendant with costs for a sum of Rs. 361.45 paise.

(2.) Plaintiff-opponent filed the aforesaid suit against the petitionerdefendant (tenant) for recovery of Rs. 361.45 paise being the amount of Education Cess paid by it on behalf of the petitioner in respect of the suit premises let by it to the petitioner-tenant. The liability of payment of the education cess was on the petitioner-tenant. As the tenant did not pay it it was obliged to pay it in the Municipal Corporation. The suit was therefore filed to recover that amount with 6 per cent. interest from the date of the suit till the date of payment.

(3.) The petitioner-tenant by its written-statement contended for alia that the Court had no jurisdiction to try the present suit. The suit was barred by law of limitation. There is no liability of it to pay the education cess in view of the term in the lease-deed that the municipal and other property taxes are to be borne by the landlord.