KASTRUCHAND Vs. QAZI SYED SAIFUDDIN

JUDGEMENT

(1.) This is plaintiff's second appeal, both the Courts below having dismissed his claim for ejectment and possession.

(2.) Admitted facts are that the defendants was the monthly tenant of the plaintiff on occupation of these premises on monthly rent of Rs. 200/-. The plaintiff approached the Rent Controller for permission to determine the tenancy of the defendants. Before the Rent Controller, the parties came to terms on the point of default in payment of rent for the period Nov. 1972 to May 1973, and in terms of the compromise arrived at, the Rent Controller passed the following order. "I, therefore, order that whereas the non-applicant issued two cheques for arrears of rent from 1-11-1972 to 31-5-1973 and if they are dishonoured, applicant-landlord shall be deemed to have been granted a permission under Clause 13 (3) ibid".

(3.) Admittedly, in pursuance of the terms of the compromise order. the defendants issued one cheque for Rupees 1,000/- dated 23-9-1973 and the other for Rs. 400/- dated 15-10-1973. The first cheque dated 23-9-1973 for Rs. 1,000/- was honoured. while the other cheque dated 15-10-1973 for rupees 400/- was dishonoured. This second cheque for Rs. 400/-, which was dishonured, was for the arrears of rent of two months, viz., April and May 1973.