RIAZI BEGUM Vs. ADARSH KUMAR JAUHARI

JUDGEMENT

(1.) This is a plaintiffs second appeal in a suit for ejectment filed by him in respect of a piece of land in which the lower appellate Court has given the benefit of Sec. 29 -A to the tenant and has dismissed the suit. The relevant facts are that under a rent note of 1965, the plaintiff let out a piece of land to the defendant at the rate of Rs. 108/ - per month. In December, 1973 a part of the land was surrendered by the defendant and in the remaining land, the defendant became tenant at the rate of Rs. 80/ - per month only. Since he failed to pay the rent from 1 -1 -1974, a demand notice coupled with a notice under Sec. 106 of the Transfer of Property Act was given and the suit was filed.

(2.) In defence, it was pleaded that the tenancy was in respect of building and not for the land only; that no part of the land was ever surrendered and the plaintiff had illegally occupied a portion of the land let out to him and that rent was not in arrears as the entire rent up to 30th June, 1974 stands paid up.

(3.) On the evidence recorded by the trial Court, it came to the conclusion that only an open piece of land was let out in 1965 for carrying on the business of fuel wood depot by the defendant and at that time no constructions existed on the land; the tenancy was only in respect of the land and the constructions that exist now were raised by the defendant himself; since U.P. Act No. 13 of 1972 did not apply, plaintiff's suit was decreed. The Court also recorded a finding that the defendant was in arrears and had committed default in payment of rent.