SMT. PARMESHWARI DEVI Vs. ABRAR HUSAIN

JUDGEMENT

(1.) This is a plaintiffs second appeal arising out of a suit for ejectment and arrears of rent. The suit was decreed by the trial court but the decree was modified in appeal to the extent that the decree for ejectment was set aside. Aggrieved by the same the plaintiff landlady has preferred this second appeal.

(2.) The material facts necessary to appreciate the controversy between the parties are that the defendant was a tenant in the western shop in suit situate in the city of Moradabad on a monthly rent of Rs. 3. It was owned by the plaintiff and the rent was alleged to have fallen in arrears for the period 1 -1 -1961 to 31 -3 -1962 amounting to Rs. 83.75 paise. The landlady sent a composite notice of demand and termination of tenancy (Exhibit 12) on 23 -4 -1962 to the tenant, which was admittedly served on the respondent on 24 -4 -1962. According to the plaintiff the rent claimed as arrears in the notice was not tendered within one month from the date of the service of the notice and consequently she was entitled to eject the defendant.

(3.) The defence, in short, was that the amount of arrears being Rs. 65 only was remitted by money order on 18 -5 -1962 by the defendant but the same was refused by the plaintiff with ulterior motive and the money order was returned to the defendant after one month. Thus, the defendant having tendered the amount within one month of the date of the service of the notice of demand, there was sufficient compliance with the provisions of Sec. 3 (1) (a) of U. P. Act No. III of 1947, and he was not liable to be ejected.