BHURE KHAN Vs. KUNDAN LAL

JUDGEMENT

(1.) THIS is a second appeal against the judgment and decree dated August 1, 1966 of Shri R.B. Agarwala, II Additional Civil Judge, Aligarh, dismissing the appellant's suit for ejectment after allowing the appeal of the respondent.

(2.) THE suit giving rise to this appeal was filed by the plaintiff-ap pellant against the defendant-respondent on the allegations that the respondent was the tenant of the plaintiff-appellant on a monthly rent of 00.50 np. and the latter did not pay rent from December 1, 1962. The plaintiff-respondent then sent a composite notice of demand and to quit on February 29, 1965 which was refused by the respondent. On these allegations the plaintiff filed the suit for the recovery of Rs. 15|- as arrears of rent and ejectment.

(3.) AFTER taking evidence of the parties the trial court came to the conclusion that the notice of ejectment was valid and the defendant had committed a default. On this view the trial court decreed the plaintiff's suit for possession and recovery of Rs. 151- as arrears of rent.