AYESHA GHOSH Vs. PREM SHANKAR SAHAY

JUDGEMENT

(1.) THIS appeal has been preferred by the above named defendant -appellant against the judgment and decree passed regarding eviction of the appellant from the suit premises. The Title Suit no. 12 of 1990 was filed by the plaintiff -respondent for eviction of the defendant -appellant on the ground of defaulter for non -payment of rent from August, 1987 to February, 1988.

(2.) THE relationship of landlord and tenant is admitted. It is also admitted that rents were being paid through post by bank draft but there was a letter from the side of the landlord, which has been marked as Ext. A, to the effect that hence forth rent should not be paid by bank draft. But the landlord said a representative of his own would be sent and rent should be paid to him. No such representative was sent as per Ext. A and hence, after two months when the defendant -appellant sent two months ' rent by bank draft, the same had been refused and when payment was sought to be made by the husband of the appellant it was again refused. Hence, the present eviction suit has been filed. The defendant 'splea is that when regarding the mode of payment of rent a change has been made, from the side of the landlord then on such mode if the landlord has not accepted the rent then the default cannot be said to be a wilful default from the side of the appellant rather it is a forced default being made from the side of the respondent. The theory advanced by the learned counsel for the appellant does not find place anywhere under the B.B.C. Act and the relationship of landlord and tenant in Bihar does not also come within the purview of wilful default. It appears that both the courts interpreted Ext. A and came to the finding that as the duty is cast upon the tenant to pay the rent and even if there is any suggestion from the side of the landlord regarding change of mode of payment and such change had not been resorted to by the landlord then also the tenant is not absolved of liability of making payment of rent. There are different modes of making payment including deposit in the Court. But nothing has been done from the side of the tenant.