RAJA RAM Vs. DAULAT RAM

JUDGEMENT

(1.) The present second appeal has been filed by the defendant against a decree for rent, ejectment and damages passed against him by the lower appellate court.

(2.) The present suit for ejectment and arrears of rent amounting to Rupees 4,409/32 p., and damages at the rate of Rs. 40/- per month, was filed on the ground that the disputed accommodation was a post-1950 accommodation and, therefore, U. P. (Temporary) Control of Rent And Eviction Act, 1947 did not apply to the same. The defence was that the Act applied and the disputed accommodation was constructed prior to 31st of December, 1950. The trial court dismissed the suit holding that disputed accommodation was not proved to be a post-1950, construction and the rent of the accommodation was only Rs. 20/- per month and was never enhanced. The suit was, therefore, decreed for a sum at Rs. 27/- as arrears of rent and in respect of other reliefs it was dismissed.

(3.) An appeal was filed against the judgment and decree of the trial court and the appeal has been allowed holding that the rent of the disputed accommodation was Rs. 20/- per month but the disputed accommodation was proved to have been constructed in the year 1956 and, therefore, the provisions of U. P. (Temporary) Control of Rent and Eviction Act did not apply to the same. The plaintiff having terminated the tenancy validly was entitled to relief of ejectment and damages as well. Consequently the suit was decreed by the lower appellate court for ejectment and recovery of Rs. 131-66 p. The future and pendente lite damages were decreed at the rate of Rs. 20/- per month. The learned counsel for the appellant has argued before me only one point. His argument was that the disputed accommodation was a pre-1951, construction and, therefore the suit was barred by Section 3 of the Act aforesaid.