CHAMPO DEVI Vs. GOPI RAM

JUDGEMENT

(1.) This is a plaintiffs appeal against the judgment and decree dated 27-4-1968 passed by Civil Judge, Mathura in Civil Appeal No. 181 of 1967, arising out of Original Suit No. 442 of 1966 decided by Munsif, Mathura on 30-8-1967.

(2.) The subject-matter of dispute is a shop situate in the town of Sonkh in district Mathura. It is undisputed that Ihe respondent was a tenant of the appellant in this shop at Rs. 40 p. m. rent. It is further undisputed that a sum of Rs. 440 was due as rent for the period 1-7-1965 to 30-6-1966 because the respondent had paid a sum of Rs. 40 to the appellants Pujari at Rs. 5 p.m. for 8 months only. On 11-7-1966, the appellant gave notice of demand through Sri Hoti Lal Sharma, Advocate, Ex. 3. In this notice it was stated that the arrears of rent be paid to his client. On 13-7-1966 the respondent sent a M. O. for Rs. 450 in the name of Sri Hoti Lal Sharma. The M. O. was refused. On 18-7-1966 the respondent gave reply of the appellants notice through Sri Ramesh Chandra Agrawal, Advocate. In this reply he asserted that he used to pay Rs. 5 to the appellants Pujari according to her directions, that he used to pay Rs. 35 to her in respect of which she did not give receipt, that despite that he was tendering Rs. 440 as demanded in the notice. This reply was addressed to Sri Hoti Lal Sharma, Advocate to the appellant. It reached the appellants counsel on 19-7-1966 vide acknowledgment receipt, Ex. A-2. Thereafter on 3-8-1966, the appellant gave another notice through Sri Hoti Lal Sharma, Advocate. In para 3 of the plaint it was stated that in the first notice of 11-7-1966, the appellant had committed a mistake in not deducting Rs. 40 paid to her Pujari and, therefore, another notice was given on 3-8-1966 mentioning that the respondent had paid Rs. 40 to her Pujari. At this stage it will be useful to mention that the appellant took cause of action for the suit from the first notice vide para 6 of the plaint.

(3.) On 6-9-1966, the appellant filed suit for the ejectment of the respondent and recovery of arrears of rent etc.