MANGAL SEN Vs. KANCHHID MAL

JUDGEMENT

(1.) This appeal by special leave is against a judgment rendered by the First Additional District Judge, Bulandshahr, allowing a Revision Petition filed before him by the respondent herein.

(2.) The respondent is the owner of a shop building in Jahangirabad town which he had let out to the appellant on a month to month tenancy basis. A suit for ejectment was filed by the respondent in the Court of Small Cause (Civil Judge), Bulandshahr, praying for eviction of the appellant from the shop under Section 20 (2) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short, the Act) on the ground that the tenant was in arrears of rent for not less than four months commencing from April 9, 1972 and had failed to pay the same to the landlord within one month from the date of service upon him of a notice of demand (October 19, 1972). It was alleged in the plaint that the agreed rent of the shop was Rs. 100 per month and that the tenant had kept the rent in arrears from April 9, 1972onwards despite notice having been served on him on October 19, 1972 demanding payment of arrears of rent and determining the tenancy.

(3.) The appellant (defendant) pleaded in defence that the rent was only Rs. 90 per month, that he had not committed any default in payment of the same and hence the suit for ejectment was not maintainable. According to the defendant, after service of the notice of demand for payment of arrears of rent, the respondent had approached him with a request to stand surety for him for the payment of arrears of sales tax due by him for the realisation of which the Amin had come with a wan-ant for the arrest of the respondent and since the appellant had acceded to the said request and stood surety for the respondent, there could be no further question of any arrears of rent being outstanding as due by him to the respondent.