DEEN DAYAL Vs. BHAGWAN DAI

JUDGEMENT

(1.) The plaintiff is the landlord and had filed a suit for eviction, recovery of arrears of rent and mesne profits before the Judge Small Causes Court stating therein that the defendant was the tenant of the disputed accommodation on a rent of Rs. 130 per month. The defendant did not pay the rent w.e.f. 1.6.1982. Accordingly, the plaintiff served a notice of demand and termination of tenancy on 22.2.1986. It was alleged that inspite of service of the aforesaid notice the defendant neither paid the rent nor vacated the house in question. Hence the suit,

(2.) The defendant disputed the rate of rent and submitted that the rate of rent was Rs. 41 per month instead of Rs. 130 per month. The defendant further alleged that he had paid the rent till January, 1986 and no rent was due w.e.f. 1.6.1982. Even though the rent was paid till January, 1986, the defendant on receipt of the notice remitted the rent from January, 1982 till 28.2.1986 by two Money Orders which was refused by the plaintiff. It has also come in evidence that the defendant deposited the entire rent along with interest on the first date of hearing. The defendant submitted that he had not committed any default and the notice sent by the landlord was invalid and the suit was liable to be dismissed.

(3.) The court below after framing various issues for determination dismissed the suit with cost holding that the rate of rent of the disputed accommodation was Rs. 41 per month. The court below further held that the defendant did not commit any default in the payment of rent and therefore, the notice of demand and determination of tenancy issued by the plaintiff was invalid.