M MARIAPPA Vs. A K SATYANARAYANA SETTY

JUDGEMENT

(1.) This appeal by the defendant is directed against the judgment and decree dt. 2nd Septr., 1978 passed by the Prl. Civil Judge, Bangalore City, in RA No. 70 of 1976, on his file, dismissing the appeal, on confirming the judgment and decree dt. 25 2-1976 passed by the II Addl. I Munsiff, Bangalore, in OS No. 697 of 1970 on his file, decreeing the suit of the plaintiff partly.

(2.) The plaintiff instituted a suit for recovery of arrears of rent of Rs. 1,170.

(3.) According of the plaintiff, house No. 2, near Baadi Reddy Circle, Lakshminarayanapuram, Srirampura, Bangalore, was leased to the defendant on a monthly rent of Rs. 130. The tenancy commences OB the 1st of calendar month. The defendant was a defaulter in payment of rent of Rs. 1,170 which became due towards rent up to 8-10 1967 and, in spite of demand notice dt. 29-10-1967, the defendant failed to pay the arrears of rent. On 5-2-1968, he paid Rs. 700. That was received without prejudice to the rights of the plaintiff. On giving credit to that amount, the plaintiff instituted the suit for the recovery of balance, along with Rs. 15 towards notice charges.