MEJA SINGH Vs. KARAM SINGH

JUDGEMENT

(1.) Respondent Karam Singh, hereinafter referred to as the tenant, took the premises described as 'Tabela double storey with a room and panchhati on the top' on rent, vide rent note dated 2-0-1959, Exhibit A-1 from Narain Dass and Behari Lal, the two real brothers, admittedly for the purpose of tethering cattle. The petitioner Meja Singh, hereinafter referred to as the landlord, purchased the said premises, vide registered sale deed dated 15-5-1962, Exhibit A-X. thereafter, admittedly, the tenant attorned to Meja Singh, the new landlord.

(2.) The landlord filed an application for the eviction of the tenant on 3-5-1966, inter alia, on the ground

(3.) The appellate authority permitted the tenant to adduce evidence in regard to the tender of arrears of rent with interest and costs in relation to the first date of hearing in the case. The landlord adduced evidence in rebuttal. On the basis of the evidence so adduced, the appellate authority came to a positive conclusion that the tenant had, in fact, moved an application for deposit of the requisite amount on 20-2-1968 itself, the date on which the order setting aside the ex parte decree had been pronounced. The Rent Controller had signed the challan for depositing the amount in treasury on 21-2-1968. The appellate authority came to a positive finding that the said amount could not be deposited earlier than 22-2-1968 on account of procedural formalities and for no fault of the tenant. The appellate authority on reversing the finding of the Rent Controller in regard to the other two grounds of ejectment also set aside the decree of ejectment.