LAWS(RAJ)-2004-4-26

JAGDISH PRASAD Vs. VISHNU KUMAR

Decided On April 29, 2004
JAGDISH PRASAD Appellant
V/S
VISHNU KUMAR Respondents

JUDGEMENT

(1.) THIS is the second appeal by the defendant- tenant against the concurrent judgments and decree of eviction.

(2.) BRIEFLY narrated the facts are that the original landlord Smt. Mehtab Devi filed a civil suit for arrears of rent and eviction with the averments that the defendant Sh. Jagdish Prasad is the tenant in a `thadi' situated outside her house at Jaipur w. e. f. 8. 5. 1969. The eviction was sought the grounds of default in payment of rent, sub-letting and nuisance.

(3.) I have heard learned counsel for the parties. The relationship of the landlord and the tenant between the parties is not in dispute. As per the written statement of the defendant he is the tenant since 1961. According to learned counsel for the defendant-appellant the suit for eviction was filed in July, 1985. It was pleaded in the plaint that rent from 1. 1. 1985 to 31. 7. 1985 is due. Thus the rent for seven months was due at the time of filing the suit according to the plaintiff herself. It was the case of the defendant-appellant that since the plaintiff refused to receive the rent for the months of January a. 02. 1985, he remitted the rent of these two months by money-order on 4. 3. 1985 but the plaintiff refused that money- order also and thus the rent for six months was not due at the time of filing the suit.