BANARAS EDUCATION SOCIETY, VARANASI AND ANOTHER Vs. 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, VARANASI AND OTHERS

JUDGEMENT

(1.) -This is a tenants petition. It is directed against concurrent orders passed by the courts below decreeing a suit filed by respondent No. 3, Mahant Onkar Ashram, the landlord, for the eviction of the petitioners from an accommodation which was let out to the petitioners by the respondent No. 3 on a monthly rental of Rs. 45/-.

(2.) The relevant facts are these. The respondent No. 3 filed a suit for the ejectment of the petitioners on the ground that they had not paid any rent for the period 1-6-1970 to 28-2-1971 despite a notice of demand dated 25th March, 1971 which was served on the defendants on 26-3-1971.

(3.) The petitioners contested the suit. They filed a written statement, a true copy of which has been filed with the I rejoinder affidavit as Annexure A1 in. I para 18 of this written statement, it was specifically asserted that the rent for the period 1-6-1970 to 28-2-1971 was not due, and that the landlord had, therefore, no right to demand the same through his notice dated 25-3-1971. In the written statement, the case pleaded by the petitioners was that the defendant had cleared off the entire arrears of rent, and that no rent was due from the defendant on the date of the said notice of demand.