MOHD. HANEEF Vs. HAJI NOOR MOHAMMAD

JUDGEMENT

(1.) -This is a defendants second appeal in a suit for ejectment from a shop bearing Nos. 523 and 524 at Mohalla Sarai Bahleem Shorab Darwaza,. Meerut City, and for recovery of arrears of rent and damages in respect thereof.

(2.) The plaintiffs case as laid in the plaint simply was that he was the owner and landlord of the shops in suit of which the defendant was the tenant since 1st April, 1965 on payment of Rs. 40.00per month; that the shops had been constructed after 1951 and U. P. Act No. III of 1947 did not apply thereto, that the defendants tenancy was terminated by a notice dated 15th Sept., 1967, under Sec. 106 of the T. P. Act which was served on the defendant on 21st Sept., 1967; that the defendant did not vacate the shops on 22nd Oct., 1967 hence the suit which was filed on 24th Oct., 1967 claiming the defendants ejectment and rent amounting to Rs. 53.00 up to 24th Oct., 1967 and damages for the unlawful use and occupation thereafter at the rate of Rs. 60.00per month.

(3.) The defence was that the shops were old and that the suit was barred by Sec. 3 of U. P. Act No. III of 1947 and also that the notice served on the defendant was illegal and wrong and did not bring about the termination of his tenancy. It was further pleaded that the defendant had remitted rent by money order but the same had been refused by the plaintiff and, therefore, the plaintiff was not entitled to costs even in respect of the rent payable.