RAMKISHORI DEVI PANDEY Vs. LAXMICHAND SANWALDAS

JUDGEMENT

(1.) THE appellants are the landlords and the respondents are the tenants. The respondents filed an application under section 25 of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as the Act) with an allegation that they are tenants in a shop of the house of the appellant bearing municipal Number 6/541, situated in Chavdi Bazar, Lashkar; they pay rent at the rate of Rs. 25 per month and the tenancy starts from 21st of every month. Then they alleged that reason for filing this application is that the landlords refused to accept the rent and they want to increase the rent also, the respondents sent two money orders one on 29-6-1966 for Rs. 325 and the other on 3-3-1967 for Rs. 532, which were refused by the landlords without any reason. This application is filed on 26-4-1967. The amount of rent was deposited on 8-5-1967. The Rent Controlling Authority issued a notice on 8-5-1967 to the landlords that the arrears of rent have been deposited and they should file reply to the application filed by the tenants-respondents.

(2.) THE reply submitted by the landlords mentions that the rent has been deposited not according to law; that the tenants were always defaulters; the amount was never refused that there is misjoinder of landlords-appellants, that according to them tenants have not deposited the rent within the prescribed limitation under the Act and, therefore, the application should be dismissed.

(3.) THE undisputed facts in the case are that the application was presented on 26-4-1967 and the amount was deposited on 8-5-1967. The money orders coupons which are produced are for the amount for 21st May, 1965 to 20th june, 1966 and the other is from 21st May, 1965 to 28th February, 1967 and they bear the endorsements that these money orders were refused by the landlords. The second undisputed fact is that the amount of Rs. 600 was deposited on 8-5-1967 (8th May 1967 ). The third undisputed fact is that the tenancy starts from the 21st of every month. The trial Court, after taking evidence of both the parties, came to the conclusion that the money orders were refused without any sufficient cause. They were tendered to the landlords and they refused them. On these findings, the trial Court, under section 26 of the Act, imposed Rs. 25 as a fine against the appellants. The trial Court did not decide the matter regarding limitation at all. The appellants filed an appeal before the District Judge, Gwalior. The appeal was decided by the Third Additional district Judge, Gwalior on 4-3-1976 and the appeal was dismissed. It held in its judgment that the application was filed on 25-4-1967 and the first deposit of the rent was made on 8-5-1967. The deposit of the rent was proper. Consequently, the appellate Court confirmed the finding of the trial Court that the appellant-landlords refused to accept the rent without any reasonable cause, and, therefore, the fine imposed against the appellants is proper. Against this, the present Miscellaneous Appeal has been filed.