DIWAN CHAND Vs. HANS RAJ

JUDGEMENT

(1.) This revision arises from a suit for ejectment and recovery of the arrears of rent in dispute of a shop situate in Bareilly Cantonment.

(2.) The applicant was the plaintiff and came to court with the allegations that the defendant opposite party was a tenant of the shop in suit on payment of Rs. 50.00 per month as rent ; that he was in arrears of rent from June 1970 to July, 1971 when the notice of demand and quit was sent to him on 16th Aug., 1971 which was served on 20th Aug., 1971 ; that the defendant having failed to pay the arrears, he was liable to be ejected on the ground of default in payment of rent in spite of the notice of demand. The defendant pleaded that the rate of rent was only Rs. 25/- per month ; that the rent up to April, 1971 had been paid up ; that the notice was invalid and that even the rent for the period after April, 1971 had been tendered to the plaintiff applicant by money orders which were wrongfully refused and that under the circumstances the suit was liable to be dismissed.

(3.) The suit was tried by the court of Judge Small Causes, Bareily, who dismissed it in respect of the relief of ejectment but decreed it for recovery of Rs. 91.12p. only on account of rent. The learned Judge found that the rate at which rent was payable was Rs. 25/- per month that the rent up to April, 1971 stood paid up and that the rent for the period May, 1971 to Oct., 1971 had been sent by the defendant every month by money-orders but the same were wrongfully refused by the plaintiff, and that the notice of demand was invalid.