SAROJ LALWANI Vs. KISHAN LAL

JUDGEMENT

(1.) This appeal is by the plaintiff which was admitted by a Bench of this Court on the following substantial question of law:--

(2.) The defendant filed written statement in which, inter alia, the need of the plaintiff for re-construction was denied. It was further denied that the defendant is in arrears of rent. It was also pointed out that defendant had sent the rent by money order, however, the plaintiff refused to accept the same.

(3.) The trial Court by judgment and decree dated 30-11-1993, inter alia, found that the plaintiff has failed to prove the ground under section 12(1)(h) of the Act. However, the Court held that despite notice (Exhibit-P-16) to the defendant, he failed to tender the rent for the months of April-May, 1980. Accordingly, the decree for eviction under section 12(1)(a) of the Act was granted. The lower Appellate Court, inter alia, held that summons of the suit were served on the defendant on 3-4-1985 and on 22-4-1985 the defendant had deposited a sum of Rs. 1848.50P. Thus, the defendant had deposited the entire arrears of rent within a month from the date of service of summons. On the basis of list furnished by the defendant, the lower Appellate Court further recorded a finding that the defendant has complied with the provisions of section 13(1) of the Act. Accordingly, the decree passed by the trial Court was reversed.