GH MOHD GUJRI Vs. HAJRA BANU

JUDGEMENT

(1.) THIS Civil Second Appeal is directed against the judgment and decree dated 31 -12 -1983 passed by the learned Additional District Judge, Srinagar as first Appellate Court, confirming the judgment and decree dated 19 -6 -1981 passed by the learned City Judge, Srinagar, as the trial Court, in a suit for ejectment and recovery of arrears of rent.

(2.) THE respondents herein brought a suit for ejectment and recovery of arrears of rent against the appellants -defendants under the Jammu and Kashmir Houses and Shops Rent Control Act (hereinafter referred to as Act). The respondents had rented out the suit shop to the appellants by way of rent note executed on 26 -5 -1968 at a monthly rent of Rs. 1QO/ - and despite a registered notice given to them on 2 -1 -1978, issued on 7 -1 -1978, and received by them on 9 -7 -1978 for arrears of rent amounting to Rs. 800/ - till the end of December, 1977, they failed to pay the same and defaulted in the payment of rent on more than three occasions within a period of eighteen months,

(3.) THE appellants -defendants in their written statement admitted the relationship of tenancy. They however pleaded that they had not committed any willful default in the payment of rent. According to them the respondents were avoiding to receive -the rent from them so as to create a ground for their ejectment and they were prepared to pay the arrears after taking of accounts. The appellants have not specifically denied the receipt of notice.