M N ROY CHOUDHARY Vs. NAND KISHORE KAKKAR

JUDGEMENT

(1.) The plaintiff is the appellant in this appeal. The suit in question had been filed on behalf of the plaintiff for eviction of the defendant-respondent from the premises in question on the ground of breach of the condition of the tenancy as well as on the ground of default in the payment of two months' rent.

(2.) According to the plaintiff, the defendant defaulted the payment of rent for the period December, 1969 to August, 1970. He also constructed a cow-shed on the premises in question in breach of the terms of the tenancy making himself liable for eviction. The suit in question was filed on 7-9-1970. It is an admitted position that the defendant was paying a rent at the rate of Rs. 40 (forty) per month and during the period aforesaid no rent has been paid by the defendant.

(3.) The defence of the defendant, however, is that he constructed a cow-shed and fencing on the premises in question at the cost of Rs. 765 with the consent of the plaintiff, and, as such, he was entitled to adjust the said amount for the period aforesaid and once the amount aforesaid is adjusted, there was no question of default or breach of any term of the tenancy making him liable for eviction.