MIRZA AFZAL BEG Vs. PRABHU DAYAL

JUDGEMENT

(1.) THIS is a defendant's appeal. The plaintiff filed a suit against the defendant for his ejectment from the accommodation in question and for recovery of arrears of rent and future manse profits. He alleged that the defendant had failed to pay the rent from 19th May, 1963 and on wards despite demands. Ultimately a com posite notice dated 3-12-1963 was served on the defendant on 5-12-1963 demanding arrears of rent and determining the tenancy. As the defendant failed to comply with the same, a suit for the aforesaid relief was filed. The defendant contested the suit on variety of grounds. He, inter alia, alleged that as the house needed repairs, he gave a notice to the plaintiff to carry out those re pairs. The plaintiff, however, failed to do so. Consequently the defendant carried out the repairs and incurred an expense of Rs. 20/- in that connection. Deducting this amount from the rent he remitted the balance amount to the plaintiff which the plaintiff refused to accept. He was, there fore, not liable to be evicted.

(2.) THE trial Court decreed the suit for arrears of rent but dismissed it for other relief's claimed by the plaintiff holding that the defendant did not commit willful default in payment of rent. The plaintiff filed an, _ appeal from the said decree. The appellate Court below reversed the finding of the trial Court and held that the defendant No. 1 committed willful default in payment of rent He accordingly allowed the appeal and dec reed the suit

(3.) IN the circumstances the appeal fails and is accordingly dismissed with costs. Appeal dismissed.