RAM GOPAL Vs. MAN CHAND
LAWS(ALL)-1980-11-19
HIGH COURT OF ALLAHABAD
Decided on November 20,1980

RAM GOPAL Appellant
VERSUS
MAN CHAND Respondents


Referred Judgements :-

CROPPER V. SMITH [REFERRED TO]
GANGA PRASAD V. PREM KUMAR KOHLI [REFERRED TO]
PAHLAD DAS VS. GANGA SARAN [REFERRED TO]
PAHLAD DAS VS. GANGA SARAN [REFERRED TO]
BHAGWAN SRI KRISHENJI MAHARAJ VIRAJMAN MANDIR KHANPUR VS. CHUTTAN LAL [REFERRED TO]
ABDUL JALIL VS. HAJI ABDUL JALIL [REFERRED TO]
Smt. Ram Kali VS. Sia Ram and others [REFERRED TO]


JUDGEMENT

Deoki Nandan, J. - (1.)This is defendant's second appeal in a suit for ejectment from, and rent and damages in respect of a shop.
(2.)The appellant became a tenant of the shop in the year 1962 under a Sarkhat dated 3rd March, 1962, on payment of Rs. 32/- p. m. as rent. By a notice dated 12th July, 1966 rent for the period of 18 months from 3rd January; 1965 to 2nd July, 1966 was demanded from the appellant and his tenancy was also purported to be terminated by the same notice (Ext. 1) with effect from 12th August, 1966. A reply dated 20th July, 1966 was sent by the defendant and the rent demanded was also remitted in full by money-order on 27th July, 1966. But the plaintiff refused to receive the same on 5th August, 1966, whereupon it is said to have been deposited in Court under Section 7-C of the U. P. (Temporary) Control of Rent & Eviction Act, III of 1947, on the 9th August, 1966, vide Ex. A-3.
(3.)The notice dated 12th July, 1966, expressly stated that if the rent demanded was not paid within "30 days" of its receipt the defendant-appellant would be liable to be evicted under Section 3 (a) of the 'U. P. Rent Control and Eviction Act.' It further stated that the plaintiff-respondent, since deceased and now represented by his legal representatives, did not want to keep the defendant-appellant as tenant in the house, hence his tenancy was terminated from 12th August, 1966 and he was given notice to vacate the house and deliver possession of the house and pay the rent till then to the plaintiff, by that date (12th August 1966) or within such time as he, the defendant thought was the legal limitation for vacating the house.


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