CHAMAN LAL Vs. RAM LAL

JUDGEMENT

(1.) THIS is the plaintiffs second appeal and arises out of a suit for ejectment of shop on the ground that the defendant respondent is a bad tenant. The suit was decreed by the Sub Judge, Jammu, but on appeal was dismissed by the Addl. District Judge. Jammu.

(2.) THE plaintiffs averred that they let out on lease the shop situate at Lakhdata Bazar Jammu to the defendant respondent on a monthly rent of Rs. 35/ -. The defendant -tenant executed a rent deed dated 7 -7 -65 and promised to pay rent month by month. The defendant did not keep his promise and did not pay rent in accordance with the terms of contract. The defendant, however, stopped to pay the rent from 1st April 1971 till the institution of the suit. Although he was asked to pay rent on several occasions yet he failed to do so. Ultimately a notice as envisaged under Section 11(1) of the Houses and Shops Rent Control Act (hereinafter to be referred as the Act) was given to the defendant to pay arrears of rent within 15 days of the receipt of the notice. Although the notice was sent by registered post on 18th of March 1972, the defendant refused to take its delivery. The said notice was returned to the plaintiffs appellants. The defendant failed to pay the arrears of rent inspite of the said notice. He committed three defaults in the payment of rent even after the notice was issued to him for this purpose.

(3.) THE defendant resisted the suit on the ground that he had made no default in the payment of rent. In fact the plaintiffs appellants refused to accept the rent. The defendant then deposited the arrears of rent, amount of Rs. 420/ -. before the Rent Controller, Jammu, on 19 -4 -72.