Sudhir Ranjan, J. - (1.) This appeal by the substituted defendants arises out of the plaintiff's suit for ejectment and khas possession being Title Suit No. 239 of 1966 of the First Court of the Munsiff at Asanso).
(2.) The relevant facts are as follows:- Plaintiff is the owner of the suit premises and the original defendant Anima Roy was a tenant under him in respect thereof at a monthly rental of Rs. 65/- payable according to English Calendar month. Defendant having defaulted in payment of rent from the month of October, 1965, the plaintiff terminated the tenancy by a notice to quit dated April 4, 1966. Inspite of the notice having been duly served upon the defendant on April 11, 1966, the defendant refused and neglected to quit and vacate the suit premises, which compelled (he plaintiff to file the instant suit for khas possession and for other reliefs.
(3.) Defendant contested by filing a written statement and defence, inter alia, was that the defendant was not a defaulter as alleged. So far the rents for October to December, 1965 are concerned, the defence case was that inspite of the rents having been duly paid to the plaintiff, no receipt was granted for the same. Thereafter, the plaintiff's agent having refused to accept rent for the month of January, 1966, the subsequent rents ware deposited with the Rent Controller. After the suit was instituted the defendant deposited rents in Court for the months of October,1965 to December, 1965 with statutory interest thereon and from September, 1966 and onwards she had been regularly depositing the rents in Court. The defendant also denied service of the notice to quit upon her.;