AHMAD HUSAIN Vs. RIAZ AHMAD

JUDGEMENT

(1.) One Muhammad Ahmad owned the house in suit which he mortgaged with possession on 5th March 1912 to the plaintiff. Two days later, i.e., on 7th March 1912, the plaintiff gave the house on rent to his mortgagor who executed an agreement to hold the house for five years as a tenant at a rent of Its. 2 per mensem. One of the conditions of the agreement was that in case of non-payment of rent the lessor was entitled to eject the lessee, notwithstanding that the term of five years had not expired.

(2.) Muhammad Ahmad entered into possession of the house let, but paid no rent at all, and on 20th August 1912 the plaintiff sent him a notice calling upon him to vacate the house by the end of the month of the tenancy. Muhammad Ahmad, however, died the same day, leaving the first three defendants as his heirs and legal representatives. It also appears that Muhammad Ahmad had sub let the house to the fourth defendant, Ali Bakhsh. The plaintiff thereupon issued fresh notices to defendants Nos. 1 to 3 (the heirs of Muhammad Ahmad) and as a matter of precaution gave a similar notice to defendant No. 4. He now sues for their ejectment from the house and for the recovery of arrears of rent. The suit was filed on 10th September 1912.

(3.) The defences of Riaz Ahmad (defendant No. 1) is that the arrears of rent were offered to the plaintiff, and. on 24th August 1912 it was caused to be sent to him by money order by Ali Bakhsh, the sub-lessee.. The plaintiff returned it also." He pleaded that the plaintiff was not entitled to sue before the expiration of the term of five years. The fourth defendant, Ali Bakhsh, also filed a written statement in which he referred to the money order sent by him for arrears of rent on 24th August 1912, which the plaintiff refused to accept.