PHULWA Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been filed by one Kalloo Miyan against the decree for eviction and arrears of rent passed against him.

(2.) THE defendant applicant is the tenant in a portion of House No. 701/820 Old Katra, Allahabad. THE house was purchased by the plaintiff-opposite party, Srimati Champa Devi on 15th April, 1969. It was claimed that after that date the applicant did not pay any rent, hence a notice under Section 106, Transfer of Property Act terminating applicant's tenancy was given. In that notice it was claimed that the applicant was in arrears of rent from 15-4-1969 to 31st December, 1970. THE notice was given in January, 1971. THE arrears of rent claimed were Rs. 108.75 at the rate of Rs. 5 per mensem. Besides, the expenses for the notice were also claimed. After the expiry of the period of notice, the suit was filed on 25-2-1971. In the course of the written statement it was claimed that the rent of the accommodation was only Rs. 2/- per mensem and not Rs. 5/-, as, claimed by the plaintiff-opposite party. After the receipt of the notice a money order for Rs. 40/- was sent on 28-1-1971, but that was refused. It was also claimed that on 30th May, 1970 the applicant had also sent a money order of Rs. 26/- which was also refused by the opposite party. It was further claimed that the applicant had not committed any default and the suit was not maintainable. THE written statement was also amended during the pendency of the suit and it was further claimed that the rent for the month of April, 1969 was paid to the predecessor of the plaintiff-opposite party. THE payment was made to Srimati Shanti Devi, the previous landlady on the assurance that she would not deny it.

(3.) IN a Full Bench case of this High Court : Mst. INdrasani v. Din Ali, 1968 AWR 167 it was observed at page 173 (paragraph 16) :