CHIRANJI LAL Vs. LAXMI NARAYAN

JUDGEMENT

(1.) THIS is plaintiffs second appeal against the dismissal of his Civil Suit No. 168/71 for ejectment of his tenant Laxmi Narayan by both the courts below.

(2.) I have heard the learned counsel for the parties at length. Civil original suit No. 168/1971 had been instituted by the appellant on 16th Dec, 1971 for ejectment of the respondent. Admittedly, when this suit was filed against the respondent, rent was not paid by the respondent to the appellant since Bhadwa Badi Ekam Samvat 2022. It was alleged by the appellant that there was an amount of Rs. 80/- in arrears against the respondent on account of rent apart from Rs. 303/- as damages for use and occupation. The rate of rent of the demised shop was Rs. 5/- per month. The respondent had admitted in his written statement that rent was due against him since Miti Bhadwa Badi 1 Smvt. 2022 but he pleaded that the appellant did not deliberately accept the rent which the respondent had tendered and even remitted by money-orders. The rent remitted by money-orders was refused by the appellant.

(3.) IN the above view of the matter, I do not find any force in this appeal, and the same is hereby dismissed. Parties are left to bear their own costs. .