S K JAIN Vs. DAYAWATI

JUDGEMENT

(1.) -This is defendant's second appeal under Section 100 of the Code of Civil Procedure against the judgment of reversal. -

(2.) Plaintiffs-respondents filed the suit for recovery of arrears of rent amounting to Rs. 6,177/- Xlth Civil Judge, Class-II, Jabalpur, by Judgment and Decree dated 9.7.1984 passed in Civil Suit No. 75-B/82 dismissed the suit. Plaintiffs aggrieved by the same preferred appeal and IVth Additional District Judge, Jabalpur by judgment and decree dated 13th July, 1989 allowed the appeal and decreed the plaintiffs suit. Defendant being aggrieved by the same has preferred this appeal by order dated 2.1.1990, appeal has been admitted on the following substantial question of law:-

(3.) According to plaintiffs, a portion of the house bearing No. 208 (old No. 1/92) shown in the map attached to the plaint was purchased by him from Subash Banerjee and S.K. Bhatia. According to the plaintiffs, defendant is living in the said accommodation on a monthly rent of Rs. 225/- from 9.7.1979 after the same was vacated by S.K. Bhatia. Plaintiff's case further is thafdefendant paid a sum of Rs. 100/- as rent for the month of July 1979 and after the payment of balance rent of Rs. 67'/- of the month of July 1979, tenancy was to commence from 1st of every month and to come to an end on the last day of month. If the assertion of plaintiffs that after the aforesaid- payment, defendant did not make any payment of rent in spite of several demands. Plaintiffs gave notice to the defendant for payment of rent on 12.10.1981 for the rent due from 9.7.1979 to 1.10.1981 totalling Rs. 6,142/- to the defendants but the defendant did not pay the rent. On the aforesaid premises, plaintiffs filed the suit for recovery of arrears of rent of Rs. 6.142/-.