BHAJANLAL GANGA NATH Vs. JAGDISH PRASAD

JUDGEMENT

(1.) THIS is a defendant's appeal against the decree and judgment dated 16-9-1967 of the Addl. Civil Judge, Etah in civil appeal No. 112 of 1966 confirming the decree and judgment dated 14-5-1966 of the Munsif, Kasganj in original suit No. 312 of 1965 by which the plaintiff's suit for recovery of Rs. 1286.90 and ejectment of the defendant from the shop in dispute was decreed. The plaintiff was also allowed pendente lite and future damages at the rate of Rs. 33.33 P.M.

(2.) THE plaintiff brought the suit for ejectment from the shop in dispute and also for recovery of arrears of rent amounting to Rs. 1,286.90 np. on the allegations that the shop was let out to the defendant on the 9th of July, 1958 at the rate of Rs. 33.33 np. The defendant had not paid rent since September, 1962 and as such a combined notice under Sec. 3 of the U. P. (Temporary) Control of Rent and Eviction Act as well as under Section 106 Transfer of Property Act was served on him and his tenancy was terminated. He did not pay the arrears of rent within the stipulated time, hence he became liable to be ejected. The suit was contested on the ground that the rent was settled at the rate of eight annas per day only and that there were no arrears.

(3.) FEELING aggrieved, the defendant has filed this appeal. Learned counsel for the appellant has argued that the lower courts have wrongly relied on the lease deed (Ext. 7) with regard to the term about the rent as that document was not registered and was not admissible in evidence. It appears that before the lower courts, that document was mainly challenged on the ground that it was a forged deed and that the signatures and the thumb-impressions of the defendant on this document were not genuine. Both the courts below have found it as a fact that the deed was not a forged document and that it bore the signature and the thumb-impression of the defendant. It is clear from the judgment of the lower appellate court that the admissibility of this document for corroborative purposes or collateral purposes was not challenged. Even in the grounds of appeal no ground was taken about the admissibility of this document in evidence. So far the genuineness of the deed is concerned, the defendant had admitted his signatures on the back of the stamp papers below the endorsement made by the stamp-vendor. His admitted signatures are also on the written statement. I have myself compared the admitted signatures with the signatures on the front pages of the document and I am not, in the least, in doubt that these signatures tally and the findings arrived at by the lower courts are correct.