MAIKU Vs. VILAYAT HUSSAIN

JUDGEMENT

(1.) The only question for consideration in this appeal by special leave is whether the deposit of arrears of rent under S. 7C of the United Provinces (Temporary) Control of Rent and Eviction Act, 1947 will save the tenant from the penalty of being evicted for non-payment of rent.

(2.) The appellant is a tenant of the respondent on a monthly rent of Rs. 6.25 per mensem. He fell into arrears of rent amounting to Rs. 318.75 for the period from Ist October, 1959 to 31st December, 1963. The tenant did not pay the aforesaid amount in spite of the verbal demand. Consequently, the landlord served upon the tenant a notice of demand. The tenant, however, failed to comply with the said notice, hence he became a defaulter. The landlord thereafter served another notice on the tenant under S. 106 of the Transfer of Property Act. The tenant, however, neither vacated the premises nor cleared the arrears of rent. The landlord was, therefore, obliged to file a suit. He, however, claimed a sum of Rs. 176.68 as arrears of rent for the period from Ist October, 1961 to 8th February, 1964 the claim for rent for the remaining period having become barred by time. He also claimed a sum of Rs. 58.23 as damages for the period from 9th February, 1964 to 22nd October, 1964 as also pendente lite and future damages at the rate of Rs. 6.25 per mensem.

(3.) The claim was resisted by the tenant on the ground that he was not a defaulter inasmuch as whatever rent was tendered to the landlord he refused to accept the same and, therefore, he was constrained to deposit the amount, that is, a sum of Rs. 231.25 for the period from Ist September, 1961 to 30th September, 1964 in the Court under S. 7C of the Act. He also disputed the date of tenancy as alleged by the respondent-landlord.