OM PARKASH Vs. ASHOK KUMAR

JUDGEMENT

(1.) HAVING failed before the Lower Appellate Court, the Appellant -Om Prakash has preferred this regular second appeal against the order dated 04.02.1987. Om Parkash -appellant owned the shop in village Gharota, Tehsil Pathankot, District Gurdaspur. He filed a suit for possession of the shop and recovery of Rs. 300/ - on account of rent for the period w.e.f. 01.01.1985 to 30.06.1985 at the rate of Rs. 50/ - per month. The plea of the plaintiff -appellant is that he had let out the shop in question to defendants @ Rs. 50/ - per month. The defendants have not paid the rent from 01.01.1985 to 30.06.1985 in -spite of repeated requests. He issued notice under Section 106 of the Transfer of Property Act terminating their tenancy. On the other hand, they alleged that the rate of rent was in fact Rs. 35/ - per month. The rent from 01.01.1985 to 30.04.1985 had been sent to the plaintiff through money order but he refused to accept the same. Regarding the notice of termination of tenancy, it has been alleged that it was received on 17.05.1985. Notice did not specify the date when the tenancy stood terminated.

(2.) THE trial Court recorded the findings on all the issues in favour of the plaintiff and the suit was decreed for possession of the shop in dispute and also for recovery of Rs. 300/ - on account of arrears of rent from 01.01.1985 to 30.06.1985.

(3.) HEARD learned counsel for the appellant and perused the record. None has appeared on behalf of the respondents to argue the case.