VEENA RANI Vs. ISHRATI AMANULLAH

JUDGEMENT

(1.) This appeal has been filed on behalf of the defendants for setting aside the decree for their eviction from the premises detailed in Schedule 'A' of the plaint and for arrears of rent.

(2.) The suit in question had been filed on behalf of the plaintiffs, who are owners of the house in question. It is not in dispute that the defendants were inducted as tenants in the said house in the year 1973 at a monthly rental of Rs. 950/-. According to the plaintiffs, it has been agreed between the plaintiffs and the defendants that the rent shall be payable in advance in the first week of every month according to the English Calendar. It is the case of the plaintiffs that defendant 1 did not pay the rent in the first week of May, 1978, but sent a cheque dated 15-5-1978 in favour of plaintiff 1. When the said cheque was presented to the Bank, it was dishonoured. It has been alleged in the plaint that the defendants also defaulted payment of rent from June, 1978 to March, 1979. It is also the case of the plaintiffs that they require the house in question for their personal use.

(3.) The suit was contested by the defendants. They did not dispute that cheque dt. 15-5-1978 had been dishonoured. It is also not in dispute that rent for the month of March, 1979 has not been paid. According to them, rent for the months of June, July and August, 1978 was sent to plaintiff 1 by cheques, but when it was discovered that the cheques Were not being presented for encashment, the defendants sent the rents for the months of September, October, November, December, 1978 and January and February, 1979 by money order which were refused by the plaintiffs. As such, according to the defendants, there has been no default in payment of rent for two consecutive months giving cause of action to the plaintiffs for filing the suit in question. About personal necessity, it has been asserted on their behalf that the plaintiffs have sufficient accommodation in Yusuf Buildings where they are living and the plea for personal necessity is a mere pretence.