BIHARI LAL Vs. MURTI SRI RADHA KRISHNAJI THAKURBARI

JUDGEMENT

(1.) This second appeal by the defendant arises out of a judgment of reversal passed in a suit for eviction on ground of default in payment of rent.

(2.) The plaintiff-respondent prayed for eviction of the defendant, undisputedly a tenant under him on the ground that he had defaulted in payment of rent for a period of more than two months from 1-11-1961 onwards. The defendant-appellant contested the suit. He raised two points, namely, that he was not a defaulter inasmuch as the amount of rent stood adjusted on account of supply of material to the Mutwalli of the plaintiff, a Deity, from the grocery shop of the appellant. The second ground taken was defect in the service of notice under Section 106 of the Transfer of Property Act.

(3.) The trial Court did not accept the case of the defendant regarding plea of payment and held him to be a defaulter. However, it held that the notice under Section 106 of the Transfer of Property Act was not properly served. The trial Court, therefore, dismissed the suit without costs.