RAM RATI Vs. NIWAS

JUDGEMENT

(1.) JUDGMENT : - This appeal by special leave arises out of suit for eviction filed by the appellant against the respondent on the ground of default in payment of rent under Section 3 of the U.P. (Temp.) Control of Rent and Eviction Act III of 1947 (hereinafter referred to as 'the Act')

(2.) The facts in brief, are as follows :

(3.) The case of the respondent was that Ram Nath. the auction purchaser, had filed a suit against him claiming the rent of the premises in his occupation and that he received the summons of the said suit in March 1965. The respondent states that though he contested the said suit it was decreed against him and the said decree was maintained in appeal filed by the respondent which was decided on July 30, 1966.