SRI NATH JHA Vs. MAHESH BAHADUR MATHUR

JUDGEMENT

(1.) The present revision is directed against the judgment of the District Judge, Kanpur, dated 18th July, 1975. The applicant, Sri Nath Jha, was the tenant of the premises in dispute on a monthly rent of Rs. 68/- ever since 1966. The landlord filed two suits against the applicant one for the recovery of arrears of rent and the other for the recovery of the arrears of rent and also for ejectment of the applicant from the said premises.

(2.) It was alleged by the plaintiff that the accommodation in dispute was constructed in 1964, and that the defendant had fallen in arrears of rent from Dec., 1969, which he did not pay despite notice of demand. He terminated the tenancy and filed the suit for the ejectment of the defendant. The suit was contested by the applicant on the ground that the plaintiff himself was avoiding to receive the monthly rent tendered by him. Consequently, the defendant had to remit the rent by money-order, but the same was refused by the plaintiff without any reason. It was further contended that the accommodation in dispute was constructed in the year 1960 and as such the building was coves by the provisions of the U.P. Urban Buildings (Regulation of Letting Rent & Eviction Act, 1972 (U.P. Act No. 13 of 1972), (for convenience the new rent Act). The defendant had already deposited Rs. 1,240.00 on 14th July, 1970, and he had also paid a sum of Rs. 324.00 towards taxes under a receipt dated 23rd March, 1971, and that the said two amounts covered the rent for the period from 1st Sept., 1970, till 31st July, 1972. It was further alleged that the defendant was prepared to tender the residue of the amount.

(3.) The pleadings of the parties give rise to a number of issues. But, it appears that the defendant did not turn up on the date fixed, and, therefore, the Court proceeded ex-parse and eventually decreed both the suits on the basis of evidence on the record.