NARAINDAS Vs. RAJENDRA SINGH

JUDGEMENT

(1.) THIS second appeal by the defendant tenant raises an interesting question of law and it is this whether the transferee landlord can take advantage of the default committed by the tenant in payment of rent due from him to the previous landlord for more than six months.

(2.) THE facts and circumstances in which the question arises may be briefly narrated as below - THE defendant appellant Naraindas was admitted as tenant in respect of the premises in question by Arjundas and Hassomal on a monthly rent of Rs. 5/ -. It is the admitted case of the parties that the defendant did not pay rent to Arjundas and Hassomal, predecessors in-title of the plaintiffs Rajender Singh and Kanwal Singh for the period commencing from 22nd May, 1964 up to 4th May, 1965. Arjun Das and Hassomal sold away the entire property, in which the apartments rented out to the defendant appellant are situated, by a registered sale deed dated 4th May, 1965, copy of which has been placed on the record and marked Ex. 1. After the plaintiffs had purchased the property, the defendant sent by money order arrears of rent due from 22nd May. 1964 to 30th April, 1965 Rs 56 62 p (vide money order coupon Ex. A. 1) but the plaintiff did not accept the same. Subsequently the defendant again sent by money orders arrears of rent falling due but the plaintiffs went on refusing and after serving a notice of ejectment on the defendant they filed the present suit for ejectment on two grounds viz (i) default in payment of rent and (ii) sub letting. THE first date of hearing was 15th May, 1968. No application, however, was made by the defendant on that date for depositing the arrears of rent as contemplated by sec. 13 (4) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. An application was filed by the defendant under the aforesaid provision on 9 10-1968, on which the arrears of rent together with interest were ordered to be deposited by the Court and the same were deposited within the time fixed by the Court. It may, however, be mentioned that month to month rent falling due thereafter was not deposited.