RAM LAL Vs. SARDARI LAL

JUDGEMENT

(1.) THIS is a plaintiffs second appeal arising out of a suit for ejectment brought by the plaintiff. It appears that the defendant was a tenant of a shop situated in Samba on a monthly rental of Rs 20 having executed a rent deed in favour of the plaintiff on 4 -10 -1960. The plaintiff before filling the suit served a notice on the defendant to quit and to pay the arrears of rent claimed by him. As the defendant did not vacate the disputed shop, the plaintiff brought the present action for ejectment and also pleaded that the shop was required for his personal necessity.

(2.) THE suit was contested by the defendant firstly on the ground that there was no personal necessity and that the notice to quit was not in accordance with law. The trial court accepted the plaintiffs case and decreed the plaintiffs suit. The defendant then went up in appeal to the District Judge and while the appeal was pending before him, it appears that the defendant offered the rent of the premises which was accepted by the plaintiff on 14 -11 -1963 and 18 -11 -1963 amounting to Rs. 240. The defendant then field an application before the appellate court that by acceptance of rent, the plaintiff had waived the notice to quit and the tenancy must be deemed to be subsisting and hence plaintiffs suit should be dismissed on this ground. The appellate court on the application of the defendant examined the plaintiff who admitted having received the rents during the pendency of the appeal before the appellate court although the receipt showed that the rents were accepted under protest. The appellate court, however, accepted the defendants case that by accepting the rent, the notice to quit was waived and, therefore, the plaintiffâ„¢ s suit was dismissed by it. Hence The second appeal before this court.

(3.) BOTH the courts below have, however, concurrently found that the plaintiff required the house for personal necessity and that the notice to quit which was given to the defendant before the suit was valid in law.