A.P.MISRA, J. - (1.) THE present revision is directed as against an order dated 7th August, 1984, passed by the Judge, Small Causes, by virtue of which the plaintiff's suit for eviction and arrears of rent were decreed.
(2.) THE plaintiff filed a suit for the recovery of arrears of rent and possession over the disputed premises against defendants. The plaint allegations were that the defendant No. 1 was admittedly the tenant in respect of eight rooms, four kitchens, four bath rooms, two lavatories on the ground floor at the monthly rental of Rs. 400; that there was an agreement between the plaintiff and the defendant No. 1 that the latter would pay electricity charges besides sewerage tax. The defendant No. 1 had also settled with the plaintiff that he could keep sub-tenant in the aforesaid premises, but the defendant No. 1 would remain tenant and will be solely responsible for payment of rent and taxes to the plaintiff. It is the admitted case of the parties that the defendant No. 1 subsequently kept defendant No. 2 as a sub-tenant in the part of the premises in question. Since the defendant fell in arrears of rent a registered notice dated 27th September, 1982, was sent by the plaintiff-respondent for arrears of rent and determining his tenancy. It seems that some amount was sent by the defendant No. 2 by the means of bank drafts dated 9th December, 1982, 9th October, 1982 and 4th November, 1982. However, since the amount fell short of the total arrears as claimed by the plaintiff he did not accept the drafts and returned it to the defendant No. 2. It is thereafter, the instant suit was filed for eviction and for arrears of rent. The trial Court held that in this case the defendant No. 1 was the tenant and admittedly the total rent due were not paid inspite of the notice. Therefore, the defendants were liable for eviction and for arrears of rent. It is relevant to mention here that the defendant No. 1 did not contest and almost admitted the claim made by the plaintiff. It is defendant No. 2 who alone is contesting the matter and is the application before this Court in the present revision application.
(3.) I have heard the learned counsel for the parties and perused the records.;