JANAK RAJ Vs. PRADEEP KUMAR

JUDGEMENT

(1.) We have heard learned counsel for the parties.

(2.) This appeal by special leave is directed against the impugned judgment and order of the learned Single Judge of the High Court of Jammu & Kashmir at Jammu dated 9th November, 2000 in Civil Second Appeal No.4 of 1995 whereby the learned Single Judge upheld the finding of the First Appellate Court and dismissed the suit of the plaintiff (appellant herein.)

(3.) The brief facts which are necessary for the disposal of the appeal are that a suit was filed by the landlord (appellant herein) for eviction of the tenant-respondent. The landlord claimed the rent for January, 1984 to January, 1985 by sending a notice dated 27.2.1985 to the tenant. Thereafter the tenant committed a second default of payment of rent for February, 1985 and March, 1985. The third default was committed in April, 1985 and May, 1985. The total amount deposited by the tenant on 25.5.1985 was Rs.6,000/-.