BALBIR SINGH Vs. KALAWATI

JUDGEMENT

(1.) THIS is a defendants' revision application under Section 115 of the Civil Procedure Code against the judgment and order dated 7-2-1975 passed by the 3rd Additional District Judge, Muzaffarnagar.

(2.) BRIEFLY stated the facts are that the plaintiff-opposite party had filed a suit for ejectment of the defendants applicants from the accommodation in suit and for the recovery of arrears of rent etc. It was alleged that Balbir Singh defendant No. 1 had taken one room and one Kothri on a monthly rent of Rs. 25 for a period of two months. He took wrongful possession over one more Kothri (N) which was formerly let out at Rs. 14 per month. In spite of his transfer he did not vacate the premises and allowed his son defendant No. 2 to remain in possession of the same along with other members of his family. He committed default in payment of rent and started creating nuisance. The requisite notice to quit was given but in vain. Hence the suit.

(3.) THE suit was tried by the Judge Small Cause Court, Muzaffarnagar. He arrived at the conclusion that the defendant No. 1 and not defendant No. 2 was the tenant of the premises in suit; that defendant No. 1 had not entered into wrongful possession of the Kothri 'N' but it was in his tenancy from before; that the rent of the entire accommodation was Rs. 14 per month; that the notice to quit was valid and that the defendant No. 1 was liable to ejectment because he committed default in the payment of rent. He further held that the said defendant having failed to deposit rent on the first date of hearing was not entitled to the benefit of Section 39 of U. P. Act 13 of 1972 and that defendant No. 1 did not create any nuisance. Accordingly the suit for possession over both the rooms and kitchen and for the recovery of Rs. 350 as arrears of rent from 1-9-1968 to 11-10-1970 and for the recovery of Rs. 131 as damages for use and occupation from 12-10-1970 to 22-7-1971 at Rs. 14 per month was decreed against defendant No. 1 pendente lite and future mesne profits were also awarded at the same rate subject to payment of court-fees in the Execution Department.