KAMLA DEVI Vs. T.L. JASRA

JUDGEMENT

(1.) KAMLA Devi landlady sought the ejectment of the respondent-tenant on the grounds viz. non-payment of rent from 1.8.1976 to 31.1.1977; material impairment of the value and utility of the building on account of putting of wooden planks on three sides of the verandah and roofing the same with asbestos sheets; by conversion of a conventional latrine into flush latrine, by constructions of a saptic tank in the open space near the kitchen of a co-tenant; and for causing nuisance to the co-tenants and the landlady petitioner on account of remittance of foul smell from the saptic tank.

(2.) THE respondent-tenant denied the claim made. Rs. 370/- was tendered as arrears of rent from 1.8.1976 to 31.1.1977 at the rate of Rs. 70/- per month after deducting Rs. 50/- from the rent for the month of October, 1976 on account of white-washing and annual repairs; Rs. 8/- by way of interest and Rs. 20/- by way of costs assessed by the Court. The landlady accepted Rs. 398/- under protest averring that the tender was invalid and short.

(3.) THE tenant challenged the order of the Rent Controller in appeal. The learned Appellate Authority reversed the finding with respect to the short tender, inter alia, holding that though the claim with respect to Rs. 50/- as the amount claimed for repair and maintenance cannot be sustained, still as the amount tendered was in excess of the rent due because rent for the months of December, 1976 and January, 1977 had not fallen due on 11.1.1976 when the application for ejectment was filed, consequently, the excess amount could be adjusted towards the shortfall in the amount due as arrears of rent. With these observations, the finding was reversed with respect to the short tender. The findings of there being no material impairment of value and utility as well as nuisance were affirmed.