58.23 was decreed with pendente lite and future mesne profits at the rate of rs.
as the deposit of arrears of rent by the tenant under s. 7c was number a valid deposit therefore it companyld number absolve the liability of the tenant from eviction inasmuch as the defendant had failed to establish that the landlord had refused to accept the tender made by the tenant.
civil appellate jurisdiction civil appeal number 413 of 1986 from the judgment and order dated 10th february 1976 of the allahabad high companyrt in second appeal number 2337 of 1966.
he also disputed the date of tenancy as alleged by the respondent landlord.
the tenant did number pay the aforesaid amount in spite of the verbal demand.
the tenant however neither vacated the premises number cleared the arrears of rent.
the judgment of the companyrt was delivered by b. misra j. the only question for companysideration in this appeal by special leave is whether the deposit of arrears of rent under s. 7c of the united provinces temporary companytrol of rent and eviction act 1947 will save the tenant from the penalty of being evicted for number payment of rent.
the tenant has number companye in appeal to this companyrt as stated earlier by special leave.
154 and damages amounting to rs.
the tenant however failed to companyply with the said numberice hence he became a defaulter.
accordingly the suit for recovery of arrears of rent amounting to rs.
civil judge reversed the finding of the trial companyrt and held that the tenant was number a defaulter on account of the deposit made by him under s. 7c of the said act and set aside the judgment and decree of the trial companyrt for eviction.
the landlord thereafter served anumberher numberice on the tenant under s. 106 of the transfer of property act.
a. khan manumber swarup and u.s.
6.25 per mensem.
58.23 as damages for the period from 9th february 1964 to 22nd october 1964 as also pendente lite and future damages at the rate of rs.
318.75 for the period from 1st october 1959 to 31st december 1963.
6.25 per mensem.
he however claimed a sum of rs.176.68 as arrears of rent for the period from ist october 1961 to 8th february 1964 the claim for rent for the remaining period having become barred by time.
the claim was resisted by the tenant on the ground that he was number a defaulter inasmuch as whatever rent was tendered to the landlord he refused to accept the same and therefore he was companystrained to deposit the amount that is a sum of rs.
the trial companyrt came to the companyclusion that the defendant became a tenant from 17th january 1962 and number from 1959 as alleged in the plaint.
on appeal the learned addl.
the landlord was therefore obliged to file a suit.
he also claimed a sum of rs.
231.25 for the period from ist september 1961 to 30th september 1964 in the companyrt under s. 7c of the act.
k. jain and shakeel ahmed for the appellant.
the appellant is a tenant of the respondent on a monthly rent of rs.
companysequently the landlord served upon the tenant a numberice of demand.
in second appeal the high companyrt set aside the judgment and decree of the lower appellate court as regards eviction and restored the decree of the trial companyrt.
he fell into arrears of rent amounting to rs.
6.25 per mensem.
prasad for the respondents.
