RAM SHREE Vs. KHADIJA BIBI

JUDGEMENT

(1.) This is defendant's second appeal directed against the iudg-ment and decree passed by Additional District Judge, Lucknow dismissing the defendant's appeal and upholding the judgment and decree passed by the Additional Civil Judge, Lucknow.

(2.) Plaintiff who is the respondent in this appeal filed a suit for arrears of rent and ejectment against the defendant-appellant. In brief, the case of the plaintiff was that defendant was a tenant on monthly rent of Rs. 8.75 in the shop with 'ahata' appurtenant to it. The tenancy was to commence from the 1st day of each calendar month and ended with the last day of each calendar month. The plaintiff was in arrears of rent from 1-5-1964 to 12-4-1967. The arrears of rent claimed was Rs. 317.43 till the date of filing of the suit. Pendete lite interest and future damages has also been claimed coupled with the relief of ejectment. Plaintiff sent the notice by registered post on 9-3-67 but was refused by the defendant-appellant on 13-3-1967 and, therefore, the suit was filed. The suit was resisted by the defendant. He denied receipt of the notice. He further stated that the rent was tendered to the landlord, but was refused and, therefore, it was deposited.

(3.) The learned Civil Judge, who tried the case after considering the evidence held that the notice was served by refusal and the rent was not paid by the defendant to the landlord. On these findings the learned trial court decreed the suit. Defendant feeling aggrieved went up in appeal but the same was dismissed on 5-12-1972 after recording a finding that the notice in question was tendered for delivery to the defendant-tenant and that she refused the same. This is how the defendant feeling aggrieved has come up before this court by means of this second appeal.