- (1.) This is tenant's petition. It is directed against orders passed by Courts below decreeing suit for ejectment of the petitioner from a house.
(2.) These are the facts :- The petitioner was a tenant and the respondent No. 1, the landlady owned house in suit. The landlady brought a suit for the ejectment of the petitioner on the ground that despite a composit notice of demand and termination of tenancy which was duly served on the tenant, the latter neither paid the arrears of rent demanded nor vacated the house and hence the suit.
(3.) The defence of the petitioner was that he was not in arrears of rent. It was alleged that when by means of a notice dated 26.11.1971 the landlady demands the arrears of rent from the tenant for the period 1.11.1969 to 30.11.1971 in compliance with the demand the tenant remitted a sum of Rs. 675/- to the landlady by money order on 30.12.1971. The landlady, however, refused to accept the money order when it was tendered to her. Subsequently, the landlady sent another notice dated 11.1.1972 demanding the sum of Rs. 702/- as arrears of rent for the same period, i.e. 1.11.1969 to 30.11.1971 as well as rent for the month of December, 1971. The demand was for Rs. 702/-. The defendant again sought to pay this amount within one month of the receipt of the notice personally to the landlady but the latter refused.;