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1977 Supreme(All) 106

SATISHCHANDRA
Khadi Gramodyog Trust (Gramodyog) Mandal – Appellant
Versus
Ram Chandraji – Respondent


Advocates:
K.C. Saxena, Krishna Gopal Srivastava, for Applicant; Amarendra Nath and Shanti Bhushan Varma, for Opposite Party.

ORDER :- The only ground upon which the opposite party pressed the suit for ejectment of the tenant (applicant) was non-payment of rent in spite of a notice of demand. The trial court upheld this plea and decreed the suit for ejectment.

2. The tenant has come to this court in revision under S. 25, Small Cause Courts Act.

3. The findings are that the defendant was a tenant of the accommodation on a monthly rent of Rs. 200 since 1958. The defendant did not pay the arrears of rent for the period 1st January, 1963 to 31st December, 1970, amounting to Rs. 19,200. A notice demanding payment of this amount as well as to quit the accommodation was served upon the defendant on 9th July, 1973. In spite of it the defendant did not make any payment towards the rent due for the period January, 1963, to December, 1970. During the pendency of the suit the defendant deposited the rent for the period 1st May, 1973 to 28th February, 1975, together with interest and costs etc. totalling Rs. 5,972.43. Since he had not paid the arrears of rent for the period January, 1963 to December, 1970, he was not entitled to the benefit of S. 20 (4) of the Rent Control Act of 1972.

4. Mr. Saksena, learned counsel for
























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