BUDHRAM AGARWAL Vs. SMT. ASHA DEVI SINGHI AND OTHERS

JUDGEMENT

(1.) This is a tenant's appeal against the judgment and decree dated 24th Aug., 1984 of the learned District Judge, Sikkim decreeing with costs the suit brought by the landlords for eviction, arrears of rent amounting to Rs. 800.00 and mesne profits w.e.f. 1-1-1982 at the rate of Rs. 160.00 per month.

(2.) The appellant is a tenant under the respondents on monthly rent of Rs. 160.00 in respect of a shop and a godown, detailed in the plaint, situate at Mahatma Gandhi Marg, Gangtok. The tenancy is monthly and rent is payable according to English calender month. The landlords claimed rent and sought eviction on the ground of default alleging that the respondent-tenant was in arrears of rent for 5 months w.e f. Aug., 1981 to Dec., 1981.

(3.) In reply, the tenant pleaded payment of rent for the months of Aug. and Sept., 1981 and that the landlords refused to accept rent for the subsequent period and as such, rent was sent by money order on 21-1-1982 which was refused and therefore, subsequently, rent was deposited in the court of the learned District Judge in March, 1982.