9911796707
TMI Blog1936 (9) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... complied with the other conditions, the plaintiff would not be entitled to give him notice to quit; and (2) that 15 days' notice given on the 15th of a month by either party was essential. The trial Court decreed the claim, but on appeal the lower appellate Court has dismissed the claim. The findings of the lower appellate Court are that the plaintiff had never accepted the condition set up by the defendant regarding his continuance so long as he paid rent regularly, and there is again a further finding that she never accepted the term not to eject the defendant if rents were paid. The learned Judge says : it seems to me that it is clear that she did not accept that condition. The defendant relied on certain correspondence which pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The defendant, although he was a lawyer and was dealing with a lay person, never took care to obtain any writing from the plaintiff clearly indicating that she agreed to the condition that she would not be entitled to serve notice upon the defendant to vacate the premises so long as rents were paid regularly. It would indeed be. a strange condition, unless there were some consideration, like premium for a permanent lease, actually paid. On 18th May 1930, without having received any letter from the plaintiff accepting his terms, and without taking any writing from her as to exact conditions agreed upon, the defendant occupied the house and began to live in it as a tenant and continued to pay ₹ 75 a month as rent for the house. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f course interested and was rejected by the lower appellate Court. 4. The learned Judge of this Court has again taken pains to examine the entire correspondence carefully and after a consideration of the entire correspondence has come to the same conclusion that there was no contract in fact between the parties that the defendant would not be liable to ejectment so long as he paid rents regularly. We think it was wholly unnecessary for the learned Judge to go into this matter as the finding really was one of fact. It was not a case of any interpretation of a title deed which was the foundation of the defendant's title, but an inference to be drawn from a number of documents as well as evidence and circumstances which cannot be questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y there is no writing signed by the plaintiff containing any such condition, much less any writing from which such a condition could be deduced with reasonable certainty. Again the part performance of the contract would entitle the defendant to remain in possession until evicted on notice and would entitle the plaintiff to claim rent from the defendant, but in the absence of a written contract signed by her would not grant to the defendant permanent rights as rights of a perpetual lessee. The next point urged on behalf of the defendant is that the notice served by the plaintiff was invalid inasmuch as this notice should have expired on the 1st August and not on the 31st July,. The defendant in one breath pleads that there was a contract und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endant to vacate the premises by the midnight of the 31st July following. It is impossible to accept the contention that the plaintiff was bound to send the notice on the 15th July and could not have sent it earlier, or that she ought to have asked the defendant to vacate the premises on the expiry of the 1st August and not at the end of the 31st July. 6. The last point urged is that the defendant has paid some municipal taxes and has also spent some money on repairs for which credit should have been given. The points were not taken in the written statement nor was the matter brought to the notice of the lower appellate Court by means of any written application. There is accordingly no reference to these points in the judgment of the low ..... X X X X Extracts X X X X X X X X Extracts X X X X
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