RAM DEO Vs. UMRAO SINGH

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment, dated August 21, 1969, of the High Court of Allahabad affirming on second appeal the judgment of the Civil Judge, Dehra Dun. It arises out of these facts:

(2.) On June 13, 1960, a sum of Rupees 600/- was due to the respondent from the appellant as arrears of rent and an agreement was executed between the parties on that date, according to which, the tenant had to pay Rs. 50/- every month to the respondent to wit Rs. 25/- towards liquidation of the compounded arrears of rent, and Rs. 25/- per month towards the current rent falling due. The appellant fell in arrears again. Thereupon, the respondent served a notice of demand upon the plaintiff on August 21, 1961, rquiring him to pay Rs. 380/- as the arrears of rent (Rs. 5/- beng balance due from the period April 10, 1960 to May 9, 1960 and Rs. 370/- for the period from May 10, 1960 to August 9, 1961) within one month from the receipt of the notice.

(3.) The tenant-appellant pleaded that the parties had acted upon the said agreement dated June 19, 1960 and on settlement of accounts in April 1961, a sum of Rs. 305 was alleged to be due to the respondent. Thereafter the appellant made another payment of Rs. 50/- to the respondent on June 6, 1961. On September 27, 1961 appellant tendered to the respondent a sum of Rs. 200/-. The respondent did not accept this tender, and instead, instituted the suit for damages and eviction of the appellant from the said premises.