Aloke Chakrabarti, J. - (1.) This is a revision arising out of the judgment and order dated 24.10.1985 passed by the VI 1th Additional District Judge, Meerut in J.S.C.C. Suit No. 8 of 1983.
(2.) Plaintiff-opposite party by lease-deed dated 18.1.1977 leased out the disputed house with effect from 14.1.1977 at the rate of Rs. 250 per month for a period of five years which expired on 13.1.1982. One of the conditions of the lease-deed was that the defendants would vacate and hand over the vacant possession of the disputed premises after the expiry of five years to the plaintiff landlord and if it fails to do so, it would be liable to pay Rs. 600 per month until the landlord ejects the tenants from the said property through the Court of law or enters into a fresh lease agreement amicably and gets it registered.
(3.) The plaintiff-opposite party sent a notice dated 11.12.1981 informing the defendants to hand over possession of the premises in dispute on 13.1.1982 and in default to pay Rs. 600 per month. The defendants did not vacate the premises on the date fixed and continued in possession. The defendants paid rent till 13.1.1982 and after that date the plaintiffs refused to accept rent at the rate of Rs. 250 per month. The plaintiff on 7.9.1982 sent another notice by registered post in which the plaintiff demanded the arrears of rent and terminated the tenancy of the defendants under Section 106 of the Transfer of Property Act and thereafter filed the instant suit.;