RAM NARAYAN Vs. BENJI

JUDGEMENT

(1.) THIS second appeal arises out of a suit for ejectment.

(2.) PLAINTIFF Ram Narayan sued the defendant Benji for ejectment and arrears of rent. The claim for ejectment was based on two grounds, (1) that he needed the premises for his own use within the meaning of Section 4 (g) of the Madhya Bharat sthan Niyantran Vidhan and (2) that the defendant failed to pay the arrears of rent in spite of service of notice making a demand for the arrears.

(3.) THE defence taken by the defendant was that the plaintiff himself lived in a house in Malharganj and so far as plaintiff's children arc concerned they occupy two blocks in the house in question. The plaintiff therefore was not in genuine need of the house for his own use. As regards the defendant's failure to pay the arrears in spite of notice it was contended that the rent agreed to between the parties was Rs. 15/- P. M. and not Rs. 20/- P. M. as demanded by the plaintiff in his notice. He further contended that even before the receipt of this notice the defendant had offered to pay the arrears at the rate of Rs. 15/- P. M. after deducting the money order charges but the plaintiff refused to accept the same. Even after the receipt of the notice dated 14-1-1950 he offered to pay the arrears but the plaintiff did not accept the same.