JUDGMENT :- This is a defendants' appeal. A suit for recovery of arrears of rent and damages as well as ejectment of the defendants was filed by the respondent, inter alia, on the grounds that the defendant No.1 had committed default in making payment of rent and had also caused nuisance in the accommodation in suit. The defendants contested the suit denying these allegations. The defendant No.1 alleged that he had paid a sum of Rs.500/- to the plaintiffs son on 13th June, 1966 and had further remitted a sum of Rs.150/- by money order on 3rd October, 1966 thus covering the rent for the period from 1st December, 1965 to 30th September, 1966. He placed reliance on the entries in his account books in support of these payments. The validity of the notice for ejectment was also challenged.

2. The Trial Court decreed the suit. The defendants filed an appeal which was also dismissed. Both the Courts below recorded concurrent findings of fact to the effect that the defendant No.1 appellant was the tenant, that he had not paid a sum of Rs.500/- as alleged and as such had committed default in making payment of rent. The notice to quit was also held to be valid by both the Courts below. Aggrie

Click Here to Read the rest of this document