RAM SARUP Vs. SM GAYATRI DEVI

JUDGEMENT

(1.) This is an appeal by defendant 1 in a suit for ejectment from a house and arrears of rent at the rate of Rs. 50 a month for the period from March to June 1949. The main grounds on which the relief for ejectment was prayed for were that the defendants had been guilty of wilful default in the payment of rent within the meaning of Clause (a) of Section 3, U.P. Temporary Rent Control and Eviction Act III [3] of 1947 and that they had sublet a portion of the house to a third party without any right.

(2.) On 14-9-1948 the plaintiff sent a notice to the defendants demanding rent for the months of July and August 1948, and on or about 13-10-1948 the defendants sent a money order to the plaintiff for Rs. 62/8/- after debiting Rs. 37/8- alleged to have been paid by them as house and water taxes. That is to say, the defendants by this remittance intended to pay a total sum of Rs. 100 and it was clearly mentioned in the money order form that this was for the months of August and September 1948. The amount was, however, not accepted by the plaintiff.

(3.) The notice of 14-9-1948 was served on the defendants on 22-9-1948. Subsequently a notice under Section 106, T.P. Act was also sent to the defendants on 4-4-1949 asking them to leave the premises by the end of that month. A few days later, on 10-4-1949 the defendants sent a money order for Rs. 362-8-0 to the plaintiff as rent for the period up to February 1949, and the amount was accepted by her, though, according to her, only under protest as shown by a letter from her dated 26-4-1949. Along with this remittance a cheque was also sent by the defendants to the plaintiff for Rs. 100 being the rent for the next two months, that is March and April 1949. The cheque was not accepted on the ground that the plaintiff had no accounts in the bank on which it had been drawn.