JUDGMENT

Rajeshwari Prasad, J. - This is a defendant's appeal. Plaintiff filed the suit against the defendants seeking their eviction from the premises in suit and also seeking a decree for recovery of arrears of rent and mesne profits. A claim for money on account of damage alleged to have been done by the defendants to the premises, was also put forward by the plaintiff. The basis on which principally speaking the suit for ejectment was filed was that the defendants were defaulters and had not paid the arrears of rent within a month in spite of service of notice of demand on them.

2. The suit was contested by the defendants mainly on the ground that the monthly rent of the house in suit was only Rs. 6/- and not Rs. 9/- as demanded by the plaintiff through the notice relied upon by the plaintiff. On receipt of notice within time allowed by statute, the defendants remitted the arrears calculated at the rate of Rs. 6/- per month, consequently, the defendants could not be deemed to be defaulters within the meaning of Sec. 3 of the Control of Rent and Eviction Act.

3. It appears that the agreed rate of rent in this case used to be Rs. 6/-per month. It is also not disputed that the defe