MAYAWATI Vs. DHARAM PAL SHARMA AND ANOTHER

JUDGEMENT

(1.) THIS is a plaintiff's second appeal arising out of a suit for eviction and for arrears of rent and mesne profits which was filed by the plaintiff claiming to be the landlord of the suit accommodation. The defendant No. 1 Hukum Chand was said to be the tenant and the defendant no. 2 was said to be the sub-tenant. The ejectment was sought 1976 (2) Smt: Mayawati v. D. P. Sharma (Alld. B.C.) 735

(2.) ON the ground of illegal sub-letting and wilful G. fault in the payment of arrears of rent despite notice. The tenancy was determined by the notice under section 106 of the Transfer of Property Act and thereafter the suit was filed. It may be stated that the accommodation in dispute is situated in the contonment area of Meerut and, therefore, U. P. Act. No. 10 of 1952 governs the case. The brief facts are these:

(3.) IT was held by the trial court that the defendant no. 2 Hukum Chand was occupying the disputed accommodation either as joint tenant or in the alternative as a statutory tenant in his own right by virtue of the allotment order in his favour. He was not the sub-tenant of defen­dant no. 1 and his occupation of the accommodation was lawful, It was also held that there was no wilful default in payment of arrears of rent either from defendant no. 1 or defendant no. 2. It was the plaintiff herself who unjustfiably refused to receive the rent inspite of the lawful tender by defendants nos. 1 and 2. The trial court, therefore, refused the decree for the possession of the suit accommodation and the claim for mesne profits. The claim for arrears of rent due with effect from 1st December, 1964 till the date of the filing of the suit at a monthly rent or Rs. 17/- was decreed. The plaintiff felt aggrieved and filed an appeal in the lower appellate court. The lower appellate court also affirmed the findings recorded by the trial court and dismissed the appeal. The plaintiff has now come up in the instant second appeal.