SADASHIV BALKRISHNA Vs. JAGDISH CHANDRA

JUDGEMENT

(1.) THIS appeal is by the defendant -tenant against the decree, dated 13 -7 -1961, passed by Shri S.V.H. Pagare, District Judge, Ujjain, in Civil Regular Appeal No, 26 of 1961, affirming the decree, dated 18 -4 -1961, passed by Shri R.L. Sangani, Second Civil Judge Class II, Ujjain in Civil Suit No. 288 of 1960.

(2.) THE main question involved in the present appeal is as to an amendment sought by the defendant being refused by the first appellate Judge as to the property being evacuee property, which would attract the provisions of the Displaced Persons (Compensation and Rehabilitation) Act (XLIV of 1954) (hereinafter called the Act). The appellant has no other defence on merits, except based on the amendment which, according to the learned counsel, goes to the root of the case.

(3.) THE appellant in his defence alleged that he had paid four months rent amounting to Rs. 48 to the landlord's wife. It was the landlord who was avoiding to accept rent, although the same would be sent by money orders. The tenant claimed that he bad paid the arrears of rent on 1 -8 -1960 in pursuance of the notice of demand. As regards the rent for July, August and September, 1960, he had sent the same by money order, which was refused by the landlord.