MANOHAR SINGH Vs. RATAN LAL SRIVASTAVA

JUDGEMENT

(1.) This is a revision under Sec. 25 Provincial Small Causes Courts Act directed against the judgment and decree, dated 2.11.1985 passed by Special Judge (E. C. Act) Banda, decreeing the plaintiff's suit for ejectment of the petitioner Sheo Ratan Lal Srivastava from the premises in suit described at the end of the plaint, for recovery of arrears of rent and for damages for use and occupation.

(2.) Plaintiff Manohar Lal filed a suit claiming these reliefs on the ground that the defendant, the sitting tenant on a monthly rent of Rs. 40.00 had made a default in payment of rent due from 19.5.1981 inspite of the service of notice on him on 16.3.1982. The defendant contested the suit on the ground -

(3.) On these pleadings three points for consideration were framed by the Special Judge, firstly, as to the rate of rent, secondly, as to whether there was default in payment of arrears of rent and lastly, whether the tenant was relieved against his liability for eviction on the ground mentioned in Sub-clause (4) aforesaid.