PARMESHWARI DEVI Vs. ABRAR HUSAIN

JUDGEMENT

(1.) THIS is a plaintiffs se cond appeal arising out of a suit for ejectment and arrears of rent. The suit was decreed by the trial court but the decree was modified in appeal to the extent that the decree for ejectment was set aside. Ag grieved by the same the plaintiff landlady has preferred this second appeal.

(2.) THE material facts necessary to appre ciate the controversy between the parties are that the defendant was a tenant in the west ern shop in suit situate in the city of Morada-bad on a monthly rent of Rs. 3. It was owned by the plaintiff and the rent was al leged to have fallen in arrears for the period 1- 1-1961 to 31-3-1962 amounting to Rs. 83.75 paise. THE landlady sent a composite notice of demand and termination of tenancy (Exhibit 12) on 23-4-1962 to the tenant, which was admittedly served on the respon dent on 24-4-1962. According to the plain tiff the rent claimed as arrears in the notice was not tendered within one month from the date of the service of the notice and consequently she was entitled to eject the defendant.

(3.) SO far as the oral evidence in the case is concerned, the landlady Smt. Parmesh-wari Devi examined herself as (P. W. 1). She deposed that she did not receive the defendant's money order and that she was in Gurgaon from the 2nd of May, 1962, to 26/27th May, 1962, that when she returned from Gurgaon her husband told her that the postman came to tender the amount of money order but he had returned the same and apprised the postman of her Gurgaon address where she was at that time staying. The landlady's husband was not examined on behalf of the plaintiff.