S. N.Variava, J. - (1.)This appeal is against a judgment dated 30th July, 1998.
(2.)Briefly stated the facts are as follows : The appellants are the wife, son and daughter of one A. K. Gaur. The said A. K. Gaur was the tenant of the respondents 1 and 2 (hereinafter called landlords). The premises had been given on rent to the said A. K. Gaur at a monthly rent of Rs. 100/-. On 29th September, 1966 the landlords sent a notice terminating the tenancy of A. K. Gaur with effect from the 31st day of the receipt of the notice. The tenancy was terminated on the ground that the rent had not been regularly paid. By his letter in reply dated 6th October, 1966 A. K. Gaur claimed that the rent up to September, 1966 had already been paid. The said A. K. Gaur claimed that the rent was only Rs. 80/- per month as certain facilities had been withdrawn.
(3.)The landlords then filed Suit No. 2385 of 1966 for eviction, for recovery of rent and for damages and mense profits. A. K. Gaur filed an application seeking permission to deposit the rent in the Court. This permission was granted by the Court. On 29th April, 1967 A. K. Gaur deposited the rent due and payable for the period from 1st October, 1966 to 31st March, 1967. On 6th October, 1967 he deposited rent for the period from 1st April, 1967 to 30th September, 1967. On 25th April, 1968 he deposited rent for the period from 1st October, 1967 to 31st March, 1968. All these deposits were at the rate of Rs. 80/- per month. The landlords then applied that they be allowed to withdraw the amounts lying deposited in Court. A. K. Gaur opposed this application on the ground that the landlords could only withdraw provided they accepted that Rs. 80/- per month was the rent of the premises. The landlords therefore did not pursue their application and no order was passed thereon.