DEVI PRASAD Vs. BALLA RAM

JUDGEMENT

(1.) This is an appeal against the judgment and decree passed by Sri M.P. Tripathi, II Addl. Civil Judge, Agra, allowing the appeal against the judgment and decree passed by Sri R.N. Sinha, Munsif, Agra, decreeing the plaintiff's suit for possession and arrears of rent. The facts giving rise to this appeal are as follows:

(2.) The main question which arises for determination in this case is as to whether the arrears of rent which was due from the defendant from 1 -8 -61 to 31 -7 -62 have ceased to be arrears of rent as laid down u/S. 3(1)(a) of the UP Control of Rent and Eviction Act. This sub -section reads as below:

(3.) The position of the Nagar Mahapalika, after the notice of attachment u/S. 516 of the Nagar Mahapalika Adhiniyam was that of an assignee. S. 2(c) defines a landlord and the definition of the word 'landlord' runs as below: - -