GANGA PRASAD Vs. SUKHDEO SAHU

JUDGEMENT

(1.) The facts involved in this second appeal are very simple. The plaintiffs, who are the appellants before us, let out two shops to the respondent on foot of a kabuliyat executed by the respondent on the 10 of April, 1922, The term fixed was two years. The respondent gave a notice to the appellants, saying that he was vacating the premises and left them. He paid a portion of the rent. The plaintiffs claim rent for the entire two years after giving credit for the rent actually paid.

(2.) The respondent pleaded that he was hot liable to pay the rent after he vacated the premises and he offered to pay the balance due by him, up to the date of his leaving.

(3.) The first Court decreed the suit in its entirety. But the lower appellate Court dismissed it, except for the amount admitted and held that the respondent could not be forced to pay the rent for the entire period of two years. The learned Judge relied on the case of Kedar Nath V/s. Shankar Lal .