A.N.GROVER, J.C.SHAH, K.S.HEGDE
B. C. Kame – Appellant
Versus
Nemi Chand Jain – Respondent
Judgment
SHAH, J.: Nemi Chand Jain-hereinafter called the plaintiff -is the owner of five tenements in the town of Jabalpur and B. C. Kame-hereinafter called the defendant is the tenant of those tenements under distinct tenancy agreements. After determining the tenancies by a notice, the plaintiff instituted five suits in the Court of the Civil Judge, Second Class, Jabalpur, for orders in ejectment against the defendant in respect of the five tenancies, on the pleas that the defendant had failed and neglected to pay the rent for a period exceeding three years. The summonses in the suits were served upon the defendant on May 6, 1963. The Court re-opened after the summer recess on June 10, 1963, and the defendant deposited in Court on June 11, 1963 Rs. 1,841 being the amount of rent and other dues for 38 months. The deposit was not supported by an application by the defendant for extension of time or for condonation of delay in making the deposit. The defendant also did not continue thereafter to pay regularly the rent due by him every month according to law. Between the months of June, 1963 and May, 1965 except on two occasions, he did not pay within the prescribed time the rent a
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