SALIQ RAM Vs. MOTI LAL

JUDGEMENT

(1.) This Second Appeal by a tenant arises out of a suit for arrears of rent. The defendant occupied a house belonging to the plaintiff on a monthly rent of Rs. 15/-. Rent was in arrear for a number of months. The plaintiff served a notice upon the defendant calling upon him to pay a sum of Rs. 408/8/- on account of arrears of rent for 29 months. The plaintiff's case is that, the defendant did not pay up the arrears in spite of this notice. The plaintiff, therefore, brought the suit against the defendant to recover the sum of Rs. 442/8/- on account of arrears of rent and for the defendant's ejectment.

(2.) The defendant admitted the tenancy. The defence was that just one month after the receipt of the notice the defendant sent a sum of Rs. 409/- to the plaintiff by telegraphic money order. But the plaintiff refused to accept the money. The learned Munsif held that money was not sent to the plaintiff within the period of one month mentioned in the notice. The plaintiff's suit was, therefore, decreed for ejectment, and arrears of rent with costs.

(3.) The defendant appealed. The appeal was disposed of by the learned Additional Civil Judge of Allahabad. The appeal was dismissed. But parties were ordered to bear their own costs in the two Courts. Saliq Ram defendant has now come to this Court in Second Appeal.