SHANTI DEVI AND ANOTHER Vs. KISHAN LAL

JUDGEMENT

(1.) This is a defendants-applicants revision filed against the judgment of the 3rd Additional District Judge Aligarh dated 3-12-1977 dismissing a revision filed by the defendant-applicant under Sec. 25 of the Small Cause Courts Act.

(2.) The defendant was a tenant of a building of which the plaintiff was the owner. As 1he defendant remained in arrears of rent since Sept. 1, 1969, the plaintiff Sent a notice of demand of arrears of rent and termination of tenancy to the defendant which was received by the defendant on June 10, 1970. The defendant did not pay the rent. Hence the plaintiff filed the suit.

(3.) The defendant contested the suit and claimed that she was not in arrears of rent and as such she was not liable to ejectment. She claimed that before the notice of demand was served on her she had sent a money order on May 12, 1970 for Rs. 112.00 in favour of M/s. Bhajan Lal Babu Lal. The plaintiff did not receive the said amount despite the fact that it had been tendered to him. It was thereafter again sent on May 25, 1970 by money order to the plaintiff. As he had refused to accept the same, the defendant could not be treated to be in arrears of rent.