PRAVEEN KUMAR AGARWALA Vs. MADANLAL DUGAR

JUDGEMENT

(1.) HEARD Mr. O.P. Bhati, the learned counsel appearing for the petitioners (tenants), against whose predecessor Jagdish Prassad Agarwala, the ejectment suit was filed by the respondents. Also heard Mr. R.C. Sancheti, the learned counsel appearing for the respondents (landlords).

(2.) THE godown covered by Holding No.65 in Ward No.29 at Fancy Bazar, Guwahati was let out to the defendant under the tenancy agreement dated 13.8.1987. The monthly rent for the godown was fixed at Rs.2300/ -, payable within the 1st week of every succeeding month with provision for escalation of rent by 15%, in a five yearly circle. The applicable rent was Rs.3041/ - P.M. when the ejectment proceeding was started on the ground of rent default under the Assam Urban Areas Rent Control Act, 1972 (hereinafter referred to as 'the Rent Act'). According to the pleadings in the Title Suit No.242/1998, the rent was being regularly paid until March, 1998 but since April, '98 till filing of the suit, the rent remained unpaid. While seeking ejectment the plaintiff also applied for recovery of arrear rent of Rs.21,287/ - and future rent from November, '98 till recovery of possession of the tenanted godown.

(3.) IN his written statement (W.S.), the defendant contended that he is not defaulter since rent was payable on demand by the plaintiffs and the requirement of paying rent within 1st week of subsequent month as stipulated in Clause 6 of the tenancy agreement of 13.8.1987 (Exhbt.1) was waived and modified by the conduct of the parties. According to the tenant, the landlords used to send rental bills and then the rent was paid the by cheque for which receipts are issued. But since the plaintiffs did not submit any bill from April to October, 1998, the tenant on his own, tendered the 7 months rent by the cheque No.373681 dated 20.11.1998 for Rs.21,287/ -, drawn on the Federal Bank Ltd. But the plaintiffs did not issue any receipt for the said cheque. Since bills were not raised for the month of November, '98 also, the defendant paid the rent of Rs.3,041/ - for this month, through another cheque dated 13.12.1998. But since receipt was not issued and rent for the month of December, '98 was refused, the tenant deposited the rent in Court for the subsequent months under the provisions of the Rent Act. The tenant pleaded that upon acceptance of the cheque of Rs.21,287/ - on or about 20.11.1998 (rent dues from April to October, 1998) and the 2nd cheque for Rs.3,041/ - on or about 13.12.1998 (rent for November, '98), no default of rent can be attributed and therefore the tenant can't be evicted. On the basis of the pleadings of the parties, the learned Civil Judge (Sr. Division), No.3, Kamrup, Guwahati formulated the following six issues: -