LAWS(ALL)-1979-1-25

KALU RAM Vs. RAMMOO LAL

Decided On January 19, 1979
KALU RAM Appellant
V/S
RAMMOO LAL Respondents

JUDGEMENT

(1.) THIS is a defendant's revision filed against a judgement of the District Judge, Bulandshahr, dated 22-3- 1977, allowing a revision preferred by the plaintiffs under S.25 of the Provincial Small Cause Courts Act.

(2.) THE plaintiffs filed a suit for ejectment of the defendant on the ground that he did not pay the arrears of rent with effect from 1-7-1968 despite the service of notice of demand on 11-4-1974, and, therefore, he was liable to ejectment. THE suit was contested by the defendant. He claimed that before the filing of the present suit, the plaintiffs had filed Suit No. 338 of 1971. In the said suit, the defendant had deposited the rent for the period from 1-7-1968 to 31-8-1973, and that after having received the notice of demand, a reply was sent to the plaintiffs informing him of the said deposit. THE remaining amount of rent, which had been claimed through the notice of demand, was remitted by Money Order, but as the plaintiffs refused to accept the same, the defendant could not be treated to be defaulter.

(3.) THE sole question that arises for decision in this case is about the effect of the deposit made in Suit No. 338 of 1971. THEre is no dispute between the parties that rent for the period from 1-7-1968 to 31-8- 1973 had been deposited by the defendant in the aforesaid suit. That was also a suit for ejectment brought by the plaintiffs and the deposit had been made by the defendant without any reservation. THE said suit had failed, and, thereafter, the present suit had been filed after serving a fresh notice of demand and ejectment.