RAM LAL Vs. KEDAR NATH

JUDGEMENT

(1.) THIS is a Defendant's second appeal in a suit for ejectment and recovery of arrears of rent.

(2.) PLAINTIFF 's case is that he is the landlord of house No. 328 old (580 New) Muthiganj, Allahabad and that the Defendant had been his tenant in a portion thereof on a monthly rent of Rs. 16/ -. The Defendant did not pay rent from 1 -6 -64 onwards. Consequently, a notice of demand was served upon him on 14th October, 1965. The Defendant, instead of paying the rent, sent a wrong reply. As the Plaintiff required the house for his personal use, he moved an application before the authorities under the U.P. Control of Rent and Eviction Act for permission to file a suit for Defendant's ejectment. That permission was granted on 5th September, 1966. The Defendant then filed a revision against the said permission which was rejected on 2nd January 1967. Thereafter, the plaintiff terminated Defendant's tenancy by serving upon him a notice of demand and by requiring him to vacate the premises within 30 days of receipt of notice. The Defendant neither paid the arrears of rent nor vacated the house in dispute, hence the present suit for ejectment and recovery of arrears of rent was filed.

(3.) THE suit which was originally filed in the year 1967 had somewhat chequered history and continued to be pending till the year 1972 when the U.P. Civil Laws Amendment Act, 1972 was passed and a new Rule 5 was added to Order XV of the Code of Civil Procedure. The newly added Rule 5 reads thus: