VIJAY KUMAR CHAURASIA Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) THE defendant has filed this second appeal against the judgment and decree dated 20.8.1987 passed in Tide Appeal No. 145 of. 1980 affirming the judgment and decree of the trial court dated 26.7.1980 passed in Title Suit No. 157 of 1978.

(2.) THE case of the plaintiff was that the defendant was inducted as a tenant on a monthly rental of Rs. 40/- according to the English Calendar in the month of April, 1973. It was agreed that the rent would be payable in the first week of the next following month. THE defendant paid rent upto September, 1976 under receipt. THE defendant thereafter stopped payment of rent from the month of October, 1976. She is also in bona fide personal need of the suit premises.

(3.) IN the case in hand the appellant did not pay the rent from the month of October, 1976. He also did not exercise his option for adjustment of the excess payment towards arrears of rent and is claiming adjustment of the excess payment towards arrears of rent. The Supreme Court in similar situation in the above mentioned case of Nand Lal Agrawal (supra) has held that the adjustment is not automatic. The tenant has to exercise his option for adjustment of the excess payment made towards the arrears of rent. Thus, in my view, on consideration of the entire facts and circumstances of the case, the appellant is not entitled for adjustment in view of the provisions of Section 8 (2) of the Act.