RAMESHWAR DAYAL VAISH Vs. MANI LAL TRIPATHI

JUDGEMENT

(1.) THIS is defendant's second appeal against the decree and judgment of the Court below decreeing the plaintiff's suit for rent and ejectment.

(2.) THE case of the plaintiff-respondent in brief was that he was the owner and landlord of premises No. 106/115 Ram Park, Gandhi Nagar, Kanpur and the appellant was his tenant, in occupation of the first floor of that house on a rent of Rs. 20/- per month. THE respondent served a notice (Ex. 8) dated 7-12- 1967 for demand and ejectment on the appellant on 11-12-1967, asking for five months' rent for the period July 1967 to Nov. 1967 which would work out to a sum of Rs. 100/-. According to the plaint allegations the defendant neither paid the rent nor vacated the premises within the time prescribed. Hence, he made himself liable for ejectment and the suit was accordingly filed.

(3.) SO far as refusal of the three money orders is concerned, the argument advanced on behalf of the respondent was that since the rent for the month on July 1967 had not been paid by the defendant (because payment of the amount remitted on 2-8-1967 by money order is not proved), the plaintiff was justified in refusing to accept the rent remitted for months subsequent to July 1967. If this argument be accepted, the respondent's further submission is that even if payment of Rs. 80/- by money order dated 4-12-1967 is assumed, it will liquidate only the liability of four months at the rate of Rs. 20/- per month and fall short of the amount claimed in the notice by Rs. 20/- i.e. one month's rent, and consequently the default would be proved and the liability for ejectment would be fastened on the defendant.