ALLAH BUX Vs. IST ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition is directed against a judgment and order D/- 21-5-1981 of the Additional District Judge, Nainital, whereby allowing the revision of the respondent No. 2 the landlord, he decreed the suit for ejectment, arrears of rent and damages against the petitioner-tenant.

(2.) The suit was filed by the plaintiff respondent with allegation that the petitioner was a tenant of the shop in question since the times of its previous owner Kala Devi on Rs. 6.00 per month rent, from whom the respondent purchased it by sale deed dated 6-6-1972, and by a deed of assignment dated 5-9-1972 she assigned the right of recovery of rent from the petitioner who was in arrears since 2-7-1955. On 2-3-1973 the respondent sent a notice of demand and termination which was served on the petitioner on 5-31973 but he failed to comply and rendered himself liable to ejectment. Leaving the claim for the period which had become time barred, arrears of rent was claimed w.e.f. 25-8-1970.

(3.) The suit was contested by the petitioner-defendant who pleaded that the rate of rent was Rs. 10.00 and not Rs. 6.00 per month since 1979, the defendant-tenant was not in arrears of rent from 2-7-1955 rather had paid the rent up to 5-6-1972 to Sint. Kala Devi. After the purchase of the building by the respondent tendered, and thereafter sent by money order three months' rent, which was refused, whereupon Rs.40.00 rent for four months was deposited under Section 30 of Act 13 of 1972 and thereafter further rent was deposited in the following manner :-Rs. 60/- rent from 6-10-1972 to 5-3-1973 on 6-3-1973Rs. 30/- rent from 6-3-1973 to 5-6-1973 on 3-6-1973Rs. 80/- rent from 6-6-1973 to 5-2-1974 on 5-1-1974