S.N. Singh, J. - (1.) THIS is a landlord's appeal in a suit for ejectment and arrears of rent.
(2.) THE landlord had let out the accommodation in suit to the tenants Respondents for residential purposes. On 3 -12 -1963 a composite notice of demand and ejectment was sent to the tenants which was served on the tenants on 5 -12 -1963. It appears that the tenants remitted the empire amount of rent on 28 -12 -1963 but the money order coupon shows that the amount could not be delivered to the landlord because he had left the place. This endorsement is dated 6 -1 -1964. Since the amount had not been paid within one month of the demand the landlord instituted the present suit for the ejectment of the tenants on two grounds. Firstly, that the tenants had made a default inasmuch as the tenants had not paid the rent within one month of the service of the notice of demand. Secondly, the ejectment of the tenants was sought on the ground of nuisance. The nuisance alleged was that the tenants were throwing leather scraps in the drain which caused bad odour and made it impossible for the landlord to reside in the house in dispute. The suit was contested by the tenants on the ground that there was no default and that there was no nuisance as alleged by the landlord.
(3.) THE trial court accepted the Plaintiff's case and decreed the suit for arrears of rent as well as for ejectment.;