CHANDA BABU Vs. CHAUGANI RAM

JUDGEMENT

(1.) This is a tenant's second appeal against the decision of the Additional Civil Judge, Mathura, decreeing the landlord's suit for his ejectment.

(2.) The facts are these : The defendant-appellant Chanda Babu was the tenant of the plaintiff-respondent Chaugani Ram. The landlord filed suit for ejectment on two grounds -- first, that the tenant had created a nuisance, and secondly, he had not paid arrears of rent in spite of notice of demand. The tenant contested the suit and denied that be had been guilty of creating any nuisance. He also alleged that no notice of any demand had been served on him. The trial Court held that the tenant had created no nuisance and had not been served with any notice of demand. Accordingly it dismissed the suit. On appeal the learned Judge concurred with the view of the trial Court that no nuisance had been created, but did not agree that the notice of demand had not been served. Holding the tenant guilty of default in payment of rent, he allowed the appeal and decreed the suit for his ejectment. The tenant has now come to this Court in second appeal.

(3.) Both the Courts below also passed as decree for recovery of rent which has not been challenged in this appeal which is only directed against the decree for ejectment.