KIRPASHANKER SHASTRI Vs. L BANWARI LAL

JUDGEMENT

(1.) This is a defendants's appeal in a suit for ejectment from a house and for recovery of Rs. 24-4-6 as arrears of rent for & certain period prior to 4-12-1945. There was also a prayer for mesne profits.

(2.) The plaintiff's case was that the defendant had been his tenant on a monthly rent of Rs. 6.4 6 the tenancy beginning from the 5th of each month. Prior to the suit the plaintiff had, on 25-10-1943, obtained the permission of the Controller to sue for the defendant's ejectment) under Section 14, Meerut House Control Order 1945. He had given a notice to the defendant, terminating the tenancy on 4-12-1945, before he filed the suit.

(3.) The defence taken was that the plaintiff was not entitled to sue without joining the other co sharer, his own brother, that the rent had been paid up to 5-9-1945, that the rent for the subsequent period bad been sent by money order to the plaintiff who had refused it, the defendant being, therefore, entitled to a set off for Rs. 2-14 0 as money order charges and that the permission obtained by the plaintiff having been given in the defendant's absence was invalid.