PRADESH KUMAR BAJPAI Vs. BINOD BEHARI SARKAR

JUDGEMENT

(1.) This appeal is by special leave by the plaintiff against the judgment and decree of the High Court of Judicature at Allahabad in Second Appeal No. 1520 of 1966.

(2.) The plaintiff Pradesh Kumar Bajpai who is the owner of premises No. D48/128-129 let a portion of the premises to the respondent Binod Behari Sarkar in the year 1949 for carrying on his business of manufacturing blocks and other printing materials. In October, 1955, the plaintiff let out the entire premises on a monthly rent of Rs. 200. The plaintiff filed the suit on the ground that the respondent had defaulted in payment of rent and prayed for a decree for ejectment and for being put in possession of the premises and for arrears of rent and or mesne profits pendente lite at the rate of Rs. 200 per month. The defendant denied that he was a defaulter stating that he was always ready and willing to pay the dues and the respondent had deliberately declined to accept the rent. Though no specific plea of relief against forfeiture for non-payment of rent under Section 114 of the Transfer of Property Act was taken in the pleadings, during the course of the arguments, the tenant claimed the benefit under Section 114 of the Transfer of Property Act.

(3.) The Civil Judge who tried the suit found that the tenant was a defaulter in a sum of Rs. 6269.86. He further held that the notice to quit was a valid one but found that as S. 114 of the Transfer of Property Act was applicable to the facts of the case and the balance of convenience being with the defendant, dismissed the suit for possession, but gave a decree for the arrears of rent. The plaintiff aggrieved by the decision of the trial Court went up in appeal to the District Judge who allowed the appeal holding that the tenant was a defaulter within the meaning of S. 3 of the U. P. (Temporary) Control of Rent and Eviction Act. Disagreeing with the trial Court, the learned Judge held that the trial court was in error in granting relief against forfeiture under S. 114 of the Transfer of Property Act and decreed the suit as prayed for.