CHHOTALAL HARIRAM Vs. NAGINDAS JAGJIWAN SHAH

JUDGEMENT

(1.) This writ petition is by the plaintiffs against the judgment and order of the Appellate Bench of the Court of Small Causes dated 1-4-1982, allowing the defendants appeal against the judgment and order of the learned trial Judge dated 11-3-1981, rejecting the defendants Misc. Notice bearing No. 806 of 1978, dated 8-8-1978 in the plaintiffs suit for eviction being R.A.E. Suit No. 8762 of 1975 for setting aside the ex parte decree passed by the trial Court in that suit dated 14th June, 1978.

(2.) The point raised lies in a very narrow compass. On 6th May, 1975, the petitioners herein, i.e. the plaintiffs in the suit, sent a notice by Registered Post A.D. to the defendant-respondent under section 12 of the Rent Act, demanding arrears of rent for the period between 1-5-1974 to 30-4-1975. A copy of the said notice was also affixed on the premises. However, the notice sent under Registered Post was returned by the post office with a remark not claimed. The defendant neither replied to the notice, nor did he pay the amount, nor did he make any application for fixation of Standard Rent.

(3.) Therefore, on 24-7-1975 the plaintiffs filed a suit for eviction of the defendant from the premises and for possession on the ground of arrears of rent. On 27th August, 1975, the writ of Summons was sent to the defendant by registered post and the acknowledgments showed that it was received on 29th August, 1975 by the defendant under his signature. On 8th September, 1975, the defendant under a covering letter sent to the plaintiff a bank draft in the sum of Rs. 3,250-50 being the arrears of rent demanded. On 16-9-1975, the plaintiff returned the said draft under his covering letter on the ground that the same was made beyond the time. According to the defendant he came to know from the letter of the Bank dated 2-8-1977 that draft was not presented for payment.