MANORATH PANDE Vs. RAM NATH SAH

JUDGEMENT

(1.) THIS is a Defendant's Second appeal arising out of a suit filed by the Plaintiffs for ejectment, arrears of rent and damages for use and occupation.

(2.) THE Plaintiffs claim to be the owners of the shop situate in Karkhana Bazar, Almora. It is alleged that the Defendant was the tenant of the shop on a monthly rent of Rs. 30.00. He was in arrears of rent for four years and three months till November, 1970. The claim for rent in the suit was confined from April 1968 till November 1970 i.e. for 32 months. The Plaintiff sent a composite notice of demand for ejectment and arrears of rent on 5th December 1970 which was replied to by the Defendant on 6 -1 -1971. The Defendant having failed to vacate the premises and to pay the arrears of rent, the present suit was filed by the Plaintiffs.

(3.) THE Munsif decreed the suit of the Plaintiffs for ejectment. On the question of payment of rent the trial court found that the Defendant had not paid arrears of rent upto October 1968. It further found that the rate of rent payable was Rs. 16 -00 per month. Aggrieved thereby an appeal was filed by the Defendant which was dismissed by the Civil and Sessions Judge Kumaun on 28th April, 1972. The appellate court held that the Defendant had defaulted in the payment of rent rendering him liable to eviction. It further found that the money order sent by the Defendant to the Plaintiffs counsel on 6 -1 -1971 pertaining to the arrears of rent for 26 months could not be a valid tender and that the Defendant had failed to prove that he sent a money order on 8 -1 -1971 to the Plaintiffs within one month of the notice of demand. The Defendant has now come up in second appeal to this Court.