HIRA LAL Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) These are defendant's appeals. They arise out of a suit instituted by the Deputy Commissioner, Rae Bareli, for arrears of rent and ejectment in respect of a house No. 8 Jopling road owned by the Tiloi estate which is under the superintendence of the Court of Wards. The defendant, Hira Lal, was a monthly tenant. He was given a notice on 11-7-1947, (EX. A-2) calling upon him to pay RS. 823 arrears of rent from 1-4-1946 to 31-7-1947 at the rate of Rs. 55 per month and to vacate the premises by 1-8-1947.

(2.) The suit was decreed by the trial Court for Rs. 155 only in respect of arrears of rent but was dismissed so far as it related to ejectment. It was decreed in its entirety by the learned District Judge, Lucknow. There were two appeals before him. Second civ. App. No. 49 of 1950 is directed against the decree passed in plaintiff's appeal and Second civ. App. No. 86 of 1950 challenges the decree of the learned District Judge dismissing the defendant's appeal.

(3.) Two of the points which arose for determination in the case and which were decided by the Court of first instance in favour of Hira Lal and against him by the lower appellate Court have been reagitated on his behalf in these appeals. They are : (l) That in order to determine the arrears due to the plaintiff the learned District Judge should have calculated the rent at the rate of RS. 45 and not at the rate of Rs. 55 per month, and (2) that the notice Ex. A-2 was invalid because it did not bear the signatures of the landlord or of anyone on his behalf.