TIKA RAJPAL SINGH AND ANOTHER Vs. BASDEO

JUDGEMENT

(1.) This a Plaintiffs' appeal. The suit was for ejectment and recovery of arrears of rent. It was alleged that the Defendant was a tenant on a monthly rent of Rs. 18/8/- . The Plaintiffs sent a notice of demand on 3-9-1956, demanding payment of arrears of rent due from 2-8-1955 to 2-9-1956, amounting to Rs. 234/8/ from the Defendant. They also terminated the tenancy. It is alleged that the Defendant did not surrender possession or pay the amount, hence the suit.

(2.) In defence, it was, inter alia, pleaded that the Plaintiff had earlier brought another suit (No. 21 of 1956) for recovery of damages against the Defendant on the ground that the Defendant had damaged the property. The Defendant further stated that the Plaintiffs had, sometime back, refused payment of the rent. Consequently, the Defendant had been depositing the rent as and when it became due in the court of the learned Munsif Under Section 7-C of the UP (Temp.) Control of Rent and Eviction Act. When suit (No. 21 of 1956) was filed, he deposited the rent and by 19-9-1956,-he had deposited a sum of Rs. 257/14/- in that suit to the credit of the Plaintiff. No amount of rent demanded was in arrears or required payment. He had, therefore not committed any default.

(3.) This plea has found favour with both the courts below which have dismissed the suit.