MADHO PRASAD SEMWAL Vs. RAM SINGH RANA

JUDGEMENT

(1.) THE civil revision has been directed against the judgment and order dated 13.07,1988 passed by the District Judge, Chamoli in J.S.C.C. suit No.6/1987 Ram Singh Vs. Madho Prasad.

(2.) THE plaintiff's case in a nutshell is that an ejectment suit was filed by the respondent -landlord against the revisionist -tenant on the ground of arrears of rent. It was alleged therein that the defendant -Madho Prasad was let out one room on the ground floor in the year 1979 -80 a monthly rent of Rs.200/ - per month. In the month of August, 1981, it was agreed in between the parties that after fixing the shutters the revisionist (defendant tenant) would pay the rent @ Rs.250/ - per month and thus the said rent was payable from 01st November 1981. It was further alleged that a sum of Rs.9250/ - became due to the plaintiff from the defendant on account of arrears of rent from 01.11.1981 to 30.11.1984. Besides this, the defendant had also purchased a carpet for a sum of Rs.828/ - and thus a total sum of Rs. 10,078/ - became payable from the defendant. But, the revisionist -defendant had paid Rs.6852/ -. After adjusting the said amount, a sum of Rs.3226/remained balance for which the defendant had issued a cheque dated 29.03.1985 which was duly encashed and thus so far as accounts upto November 1984 are concerned, the same are settled between the parties. It was further alleged that the plaintiff made several requests to the defendant to pay the remaining amount of rent, but no heed was paid. It was further alleged that the defendant issued a cheque on 27.03.1986 for a sum of Rs.1800/ - on account of the rent for the period from 01.12.1984 to 30.11.1985 after adjusting a sum of Rs.600/ - being the cost of one truck bajri. The defendant remitted the rent @ Rs.200/ - p.m. and consequently the said, cheque was returned. The defendant was requested to remit full amount of the rent @ Rs.250/ - p.m. from 01.12.1984 to 31.03.1986, which came to Rs.4000/ -. The defendant was also requested to vacate the shop in question. He had again sent a cheque dated 22.05.1986 of Rs.200/ - in part payment of the rent. When the plaintiff submitted the said cheque in the bank, it was dishonoured by the bank due to insufficient fund in the account. A sum of Rs.6750/ - on account .of arrears of rent from 01.12.1984 to 28.02.1987 became due on the defendant. A notice dated 12.03.1987 was sent to the defendant to pay the arrears of rent amounting to Rs.6750/ - for the period from 01.12.1984 to 28.02.1987 @ Rs.250/ - p.m. The said notice was served upon the defendant on 20.03.1987. Despite the service of notice, the defendant neither paid the arrears of rent nor vacated the premises. Thereafter, the suit was filed for ejectment and arrears of rent.

(3.) THE defendant had also filed the written statement in which he had stated the installation of the shutters was for the safety, and the shutters were provided by the plaintiff and after these complete repairs the rent was enhanced to Rs.200/ - p.m. that the rent for the period from 01.11.1981 to 31.03.1985 at the rate of Rs.200/ - p.m. was cleared by the last cheque dated 29.03.1985. He further stated that the truck of Bajri supplied to the plaintiff was worth Rs.600/ - and on 27.03.1986 he sent a cheque of Rs. 1800/ - towards the rent due after adjusting the Bajri of Rs. 600/ -. It was further stated that the plaintiff returned this cheque with the ulterior motive to increase the rate of rent. The defendant further stated that he sent the letters to the plaintiff on 22.05.1986 & 28.06.1986 explaining his position, hut the plaintiff refused to acknowledge the letter dated 28.06.1986 and thus he was forced to come to the court to deposit the rent and after sending the money order to the plaintiff -landlord. The defendant was allowed to deposit the rent for the period from 1.4.1985 to July 1987 in the court. On the directions of the court, the defendant sent two money orders one of Rs.2400/ - before making the third deposit of the arrears of rent from January 1987 to July 1987. The defendant gave the written reply on 20.04.1987. to the notice of the plaintiff dated 12.03.1987.