JAGAT NARAIN MEHRA Vs. MADAN LAL

JUDGEMENT

(1.) This second appeal by a Plaintiff arises out of a suit to recover arrears of rent and for ejectment. Jagat Narain Mehra filed a suit against Madan Lal, Defendant on these allegations. The Plaintiff is the owner of a certain Kotha and a verandah. The Defendant took the premises on a monthly rent of Rs. 2,120. The Defendant created a lot of nuisance on the premises. The Plaintiff served on the Defendant a notice to quit. The Defendant did not quit in spite of notice. Rent remained in arrear for several months. The Plaintiff, therefore, brought the suit to recover a sum of Rs. 46-10-0 towards arrears of rent and for Defendant's ejectment. The Defendant denied the charge of nuisance. It Was pleaded that the notice to quit was invalid. It was further pleaded that the suit was barred by Act III of 1947.

(2.) The case was tried by the learned I Ind Additional Munsif, Agra. He held that a sum of Rs. 44 was in arrears. He further held that the notice issued by the Plaintiff was defective. He, therefore, gave the Plaintiff a decree for Rs. 44 towards arrears of rent. The Plaintiff's claim for Defendant's ejectment was dismissed.

(3.) The Plaintiff went up in appeal. The appeal was heard by the learned Civil Judge, Agra. He found that the amount of the decree for arrears of rent had to be slightly enhanced. The Civil Judge, however, agreed with the trial court that, it was not possible to order Defendant's ejectment. The Plaintiff's claim for arrears of rent was decreed in full. But the prayer for Defendant's ejectment was refused. The Plaintiff came before this Court in Second appeal.