BACHCHAN LAL Vs. RAM ASRE

JUDGEMENT

(1.) This is a second appeal by a tenant against a decree for ejectment and arrears of rent. The Appellant Bachchan Lal occupied the house in dispute as the tenant of a woman Nand Rani on a rent of Rs. 4.00 per month. Nand Rani sold the house to Ram Asre, the Plaintiff Respondent in this appeal. Bachchan Lal, however continued to occupy the house, Under the terms of the sale, Ram Asre acquired the rights to realise arrears, of rent from the Appellant for the period when he was Nand Rani's tenant.

(2.) The new landlord requested the Appellant to vacate the house as he required it for his own use and also asked him to pay arrears of rent. The Appellant replied that he was entitled to occupy the house under a special arrangement with the previous landlord Ram Asre thereupon sent him a notice under registered post requiring him to pay the arrears within one month and also to vacate the house. He included in his demand the rent due to the previous landlord. As the Appellant ignored the notice the Plaintiff filed a suit for ejectment and realisation of arrears of rent including the amount due to the old landlord.

(3.) The Appellant contested the suit and set up in defence an oral agreement made with the previous owner. He alleged that, under this agreement, he had carried out extensive repairs to the house at his own expense in consideration of which he was allowed to deduct from the rent the amount spent by him at the rate of Rs. 2.00 per mensem and to remain in occupation till the entire amount was adjusted. The Appellant alleged that he virtually rebuilt the house at a cost of Rs. 300.00 out of which Rs. 118/- had been adjusted by the old landlord towards rent leaving a balance of Rs. 182.00 He pleaded that he could not be ejected until the entire amount spent by him was adjusted.