BALGOVIND RASTOGI Vs. BHARGAVA SCHOOL BOOK DEPOT

JUDGEMENT

(1.) This is a second appeal arising out of a suit for arrears of rent and for ejectment from a house.

(2.) It appears that the defendant-appellant was a sub-tenant of the plaintiff in occupation of a shop in Aminabad the monthly rent of which was Rs. 28/14/-. According to the allegations of the plaintiff the defendant was in arrears in the matter of rent to the tune of more than Rs. 362/14/- in April 1951. A notice was sent to him demanding payment of arrears of rent within a week and possession of the shop at the end of the month of tenancy, on 9-4-1951. This notice was sent by registered post (acknowledgment due) and an acknowledgment purporting to have been signed by one Om Prakash was received by the plaintiff. The plaintiff waited till 17-5-1951 and then instituted the suit which has given rise to this appeal for possession and arrears of rent. He also claimed damages for use and occupation for the period following the determination of the tenancy.

(3.) The defendant contested the suit on various grounds. Two of the main grounds which have now been pressed in appeal are that the defendant had not been in default till after the expiry of one week after 11-4-1951 when the notice is said to have been delivered. The second point urged was that the notice had not been served upon the defendant and as such the suit was bad for want of a valid notice under Section 106, Transfer of Property Act. Both the courts below found in favour of the plaintiff and have decreed the claim for possession and arrears of rent. The defendant has now come up in second appeal.