KANTILAL KACHHI Vs. ASHOKALATA DEVI

JUDGEMENT

(1.) This appeal by the defendant-tenant is directed against the decree of his ejectment from a house in Dhanbad fully described in Schedule A of the plaint, passed by the lower appellate Court.

(2.) The grounds for eviction mentioned in the plaint are failure to pay the arrears of rent and several breaches of the terms and conditions of the tenancy including subletting a portion of the premises to defendant No. 2 and making various additions and alterations in the building. Earlier in 1964, T. S. 358 of 1964 had been filed for eviction of the appellant (defendant No. 1). The suit was ultimately dismissed on the ground of non-service of notice to quit under Section 111 (g) of the Transfer of Property Act (hereinafter referred to as 'the Act'). The claim for arrears of rent wag decreed. The plaintiff thereafter served a notice under Section 111 (g) of the Act dated 14-11-1966 on 15-11-1966 terminating the lease with effect from 30-11-1966 and after the period was over, they filed the suit. After the dismissal of the earlier suit and before the service of the notice, an important event took place. The defendant tendered the rents for the months of August and September 1966 to the plaintiff which was accepted.

(3.) The plea of the defendant being a defaulter in payment of rent raised in the plaint was not pressed before us. It is, therefore, not necessary to deal with that point. The plaintiff also claimed a decree for arrears of rent which has been allowed by both the Courts below and is not the subject-matter of the appeal.