SHYAM SUNDER LAL Vs. SHAGUN

JUDGEMENT

(1.) This is a defendants' appeal in a suit for ejectment and arrears of rent. The suit was filed on 31-10-1946; when the U. P. Ordinance 3 of 1946 was in force, the relief for ejectment being based on the landlord's own requirement of the house. The defendants, who are father and son, executed a rent note in the plaintiff's favour on 23-1-1941, at a monthly rent of Rs. 4 in respect of the house from which their ejectment was sought by the plaintiff. A notice was sent by the plaintiff to the defendants on 9-9-1946, asking them to quit the house by 22-10-1946, and also to pay the arrears of rent. The relief for ejectment was of course, sought on the basis of this notice and the defendants' refusal to leave the house.

(2.) The defence taken was that the notice was bad, that the defendants had sent Rs. 23-1-0 after deducting 0-15-0 as cost of repairs to the plaintiff, this amount being the sent for the six months for which the claim had been made, that the amount had not been accepted by the plaintiff, that the defendants had, therefore, not been in default of payment of rent and that the plaintiff's allegation of personal need of the house was untrue.

(3.) The trial Court, while decreeing the arrears of rent, dismissed the relief for ejectment, putting the costs on the parties themselves The findings recorded by the Court were that the notice served by the plaintiff was valid, that be did not require the house for his own use and that Rs. 24 were payable to the plaintiff as arrears of rent.