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1984 Supreme(Pat) 229

NAGENDRA PRASAD SINGH, M.P.VARMA
Veena Rani – Appellant
Versus
Ishrati Amanullah – Respondent


Judgment

NAGENDRA PRASAD SINGH, J.

1. This appeal has been filed on behalf of the defendants for setting aside the decree for their eviction from the premises detailed in Schedule A of the plaint and for arrears of rent.

2. The suit in question had been filed on behalf of the plaintiffs, who are owners of the house in question. It is not in dispute that the defendants were inducted as tenants in the said house in the year 1973 at a monthly rental of Rs. 950/-. According to the plaintiffs, it has been agreed between the plaintiffs and the defendants that the rent shall be payable in advance in the first week of every month according to the English Calendar. It is the case of the plaintiffs that defendant 1 did not pay the rent in the first week of May, 1978, but sent a cheque dated 15-5-1978 in favour of plaintiff 1. When the said cheque was presented to the Bank, it was dishonoured. It has been alleged in the plaint that the defendants also defaulted payment of rent from June, 1978 to March, 1979. It is also the case of the plaintiffs that they require the house in question for their personal use.

3. The suit was contested by the defendants. They did not dispute that cheque dt. 15-5


































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