SHEIKH JAMAL UDDIN AHMAD Vs. LALA RAM PRAKASH

JUDGEMENT

(1.) These two connected revisions arise out of a suit filed by the Plaintiff, who was the landlord, for determination of the rent under Section 5 of the Rent Control and Eviction Act. One revision has been filed by the Plaintiff and the other has been filed by the Defendant.

(2.) The Plaintiff's case was that he and his brother were the owners of the building bearing municipal number CK/15 situate in mohalla Kachauri Gali, Banaras. On 21-9-1945 the Plaintiff and his brother created a waqf-allal-aulad in respect of the said house and the Plaintiff was appointed the sole mutawalli thereof, and in that capacity he has filed the suit. The Defendant and Kamal Uddin, the brother of the Plaintiff, were great friends. In consideration of their friendship the house, excluding the ground floor, was let out to the Defendant at a very concessional rate of Rs. 60 p.m. The lease was granted for a period of ten years, from 3-3-38. That lease expired on 2-3-48 and thereafter the Defendant continued in occupation of the house without any right or title. By a notice dated 25-1-1948 the Plaintiff asked the Defendant to quit the house after the expiry of the lease on 2-3-48. But the Defendant did not vacate, but sent a wrong reply to the notice, and therefore, it is alleged, the Defendant is occupying the house without any rent having been agreed between the parties. But, since the Defendant is protected by the provisions of the Rent Control and Eviction Act and enjoys the status of a tenant, he cannot be ejected. The house is situate in the heart of the city and its rent cannot be less than Rs. 200, it was alleged that "reasonable annual rent" of the premises in suit was inadequate. Hence the necessity of the suit.

(3.) There were various pleas taken by the Defendant. But the main questions which were agitated by the Defendant were: