LALA RAM BHAROSEY LAL Vs. GYAN SINGH

JUDGEMENT

(1.) The plaintiff has filed this second appeal in a suit for ejectment of the defendant from the shop along with the kotha in dispute and for recovery of rent, pendents lite and future mesne profits etc. It is alleged in the plaint that the defendant was a tenant at the rate of Rs. 6/- per month and had failed to pay rent from 2-11-1963 to 30th Mar., 1968. A notice of termination of tenancy under S. 106 of the T. P. Act was served and when the defendant failed to pay the demand in arrears within time a suit for ejectment was filed.

(2.) The plaintiffs suit was contested by the tenant. The rate of rent and tenancy were admitted but the defendant contested the plaintiffs allegations that the defendant had committed default in payment of rent. It was asserted that the defendant was always willing and ready to pay the rent every time, made personal efforts to tender the same and ultimately the amount had to be sent by T. M. O. on 1-4-1968. It is thus said that no default was committed. The last date for remitting the rent was 31st Mar., 1968, which was a Sunday and, therefore, sending of rent by T. M. O. on 1-4-1968 was within time.

(3.) The trial court decreed the suit for ejectment interpreting the words, "within one month" as meaning that the period of 30 days would expire on 31-3-1968 and it will not matter if the 30th day was a Sunday and it would amount to non-payment of rent within 30 days of the receipt of the notice. On this reasoning the suit was decreed.