FIRM GANESHRAM HARVILAS Vs. RAMCHANDRA RAO

JUDGEMENT

(1.) THIS Second Appeal has been referred to this Bench in the following circumstances. The respondent brought a suit against the appellants for their ejectment from a non-residential accommodation and for recovery of arrears of rent. It was alleged that the monthly rent was Rs. 45/-as agreed between the parties. The defendant paid rent upto March 30, 1965, but did not pay any rent equivalent Citation: thereafter. The plaintiff served a notice dated December 29, 1965, on the defendants determining the tenancy on January 31, 1966, and to pay arrears of rent, Rs. 540/- from April 1, 1965, to March 31, 1966. This notice was served on defendant No. 2 on December 31, 1965. Since the defendants did not pay arrears of rent within two months of the notice, it was a ground for ejectment. Another ground for ejectment was that the plaintiff needed the suit premises for starting his own business.

(2.) ON June 19, 1966, a writ of summons was served on the defendants. On July 16, 1966, that is, within one month of the service of the writ of summons, the defendants deposited Rs. 720/-as arrears of rent. On July 18, 1966, they filed their written statement resisting both the grounds taken in the suit. They alleged that they were no doubt in arrears of rent as alleged by the plaintiff but the reason was that on July 10, 1960, the plaintiff had borrowed from the defendants a sum of Rs. 8252/ -. The defendants asked the plaintiff to repay the loan and to adjust the amount towards rent. The plaintiff went on assuring the defendants that this would be done.

(3.) THE trial Court passed a decree only under Section 12 (1) (a) of the M. P. Accommodation Control Act, 1961, (hereinafter called the Act ). The issue relating to genuine requirement was decided against the plaintiff. The defendants appealed but their appeal was dismissed.