FIRM VIJAY NIPANI TOBACCO HOUSE Vs. SARWAN KUMAR

JUDGEMENT

(1.) THIS second appeal by the defendant arises out of a suit for eviction and a claim for arrears of rent.

(2.) BRIEFLY stated, the case of the plaintiffs was that the house belonged to joint family consisting of the plaintiffs and the defendants second party and ultimately by a partition was allotted to the plaintiffs' share. A portion of the house had been let out to the defendant-appellant earlier by the Karta of the joint family on a monthly rental of Rs. 45/-. The defendant-appellant failed to pay the rent from Kartik, 1367 to Sravsna, 1369 Fasli. Hence the suit The plea of the defendant-appellant, however, was (1) that the suit was bad for nonjoinder of one J.K. Patel, the owner of the firm, (2) that the suit was not maintainable by some of the members of the joint family alone, (3) that the tenancy was according to the English calendar month, (4) that no valid notice had been given, and (5) that the appellant had paid municipal tax. platform tax and money over the repairs of the house as also made several advances to Brijnandan Prasad, the Karta of the joint family on the understanding that the amount would be adjusted towards rent It was said that the rent in November, 1962 was remitted by money order after making certain deductions but the same was refused.

(3.) LEARNED counsel for the appellant has contended that the suit was not maintainable first for the non-joinder of the proprietor of the defendant-firm J.K. Patel and secondly for the nonjoinder of the other members of the joint family as plaintiffs. Next he has urged that the appellant was entitled to an adjustment of the money spent by it over the repairs of the house,