ARJUN SINGH Vs. PURAN MAL

JUDGEMENT

(1.) This second appeal has been laid before us in pursuance of an order made by S.N. Modi, J. whereby the learned Judge felt some doubt about the correctness of the view taken by D.P. Gupta J. in S.B. Civil Second Appeal No. 216 of 1976, Mangi Bai v. Jeeva, decided on 4-10-1976 and, therefore referred this case to a larger Bench.

(2.) The point arising for decision is short and simple. Plaintiffs Puran Mal and others filed a suit against the defendant appellant for his eviction from a room situated in Nohra No. 2. Lakar Mandi, Sri Ganganagar, alleging that the room in question had been let out at a monthly rent of Rs. 12/- but the defendant had not paid rent for 17 months and, consequently, he had become a defaulter. It was also pleaded that the suit premises are required by the plaintiffs reasonably and bona fide for their residence. The defendant con- tested the suit and pleaded that although the amount of rent for 17 months was due from him, but it was the plaintiff who was in default as he had not accepted the rent in spite of being offered several times by the defendant. He also pleaded that a money order for Rs. 156/-, was sent to the plaintiffs but the same was refused.

(3.) The trial court rejected the plaintiffs' contention regarding bona fide requirement of the premises in question for their residence and further held that the defendant had not committed any default in payment of rent. In the result, it dismissed the suit, Aggrieved by the judgment and decree of the trial court, the plaintiffs filed an appeal which was allowed by the learned Civil Judge, Sri Ganganagar, who decreed the suit against the defendant for recovery of rent as well as for eviction on the ground that even though the plaintiffs had failed to prove bona fide necessity for the premises in question for their own residence yet it was established that the defendant had committed default in payment of rent. Aggrieved by the judgment and decree of the learned Civil Judge, Sri Ganganagar, the tenant has filed this appeal.