RAM BILAS RASTOGI Vs. RAM MOHAN SRIVASTAVA

JUDGEMENT

(1.) THIS appeal by the defendant arises out of a suit for his ejectment from quarter No. 10 specified in para 3 of the plaint and for recovery of Rs. 13 as arrears of rent and Rs. 43 as damages and also for a decree for pendente lite and future damages.

(2.) THE plaintiff had alleged that the defendant had committed default in making payment of rent for four months. A composite notice demanding the said arrears of rent and determining the tenancy was served on the defendant but he failed to comply with the same, hence a suit for the aforesaid reliefs was filed by the plaintiff on 22-4-1968.

(3.) THE trial Court found that the accommodation in question was constructed after 1-1-1951, hence the provisions of U. P. Act III of 1947 did not apply to it. Having found that the notice terminating the tenancy of the defendant was valid the trial court decreed the suit. The defendant preferred an appeal from that decree before the learned District judge.