ARYA PRITINIDHI SABHA Vs. POORAN

JUDGEMENT

(1.) THIS is an appeal against the order dated March 20, 1972 of Shri K.N. Misra, II Civil Judge, Meerut, remanding the case to the trial court under Order 41, Rule 23, Code of Civil Procedure.

(2.) THE Plaintiff -Appellant filed the suit giving rise to this appeal against the Defendant -Respondent for the recovery of Rs. 17.90 arrears of rent and possession in respect of the property detailed in the plaint on the allegations that the Defendant -Respondent was the tenant of the Plaintiff's house in dispute on a monthly rent of fifty paise per month. Arrears of rent amounting to Rs. 23/ - for 46 months fell into arrears which the Defendant -Respondent failed to pay. It was further alleged that the tenancy of the Defendant -Respondent was terminated by a valid notice of ejectment. The Plaintiff Appellant also claimed mesne profits at the rate of Rs. 10/ - per month. It further alleged that the Defendant Respondent had made material alterations in the house in dispute.

(3.) THE trial court after taking evidence of the parties came to the conclusion that the Defendant -Respondent had not committed default in payment of rent, but the notice to quit was invalid. It further held that the Defendant -Respondent did not make any material alterations. It also held that the Plaintiff -Appellant was not entitled to mesne profits at a rate higher than fifty paise per month. On the above findings the trial Court dismissed the Plaintiff's suit for possession but decreed the Plaintiff's suit for arrears of rent.