AZHARUDDIN Vs. SYED ZAHID HUSAIN

JUDGEMENT

(1.) THIS is plaintiff's appeal; it arises out of a suit for ejectment of a tenant and arrears of rent and damages for use and occupation. The plaintiff instituted the suit on the allegation that the tenant had failed to pay arrears of rent for more than three months, within one month of the notice of demand as contemplated by S. 8 of the (U.P.) Temporary Control of Rent and Eviction Act. The defendant's case was that rent for more than three months was not in arrears. He led evidence in support of this plea by producing in court certain receipts of payment of property tax to Nagar Mahapalika. Both the Courts below have accepted this payment as sufficient to discharge the tenant's liability of rent and have held that there were no arrears of rent due against the tenant for more than three months. On this finding the suit for ejectment was dismissed.

(2.) THE learned counsel for the appellant has challenged the view of the courts below and has contended that the payment made by the tenant to the Nagar Mahapalika was not proved to be a non-voluntary payment and was accordingly not entitled to be deducted from the arrears of rent due against the tenant. THE question, therefore, that arises for determination in the appeal is about the effect of the payment of taxes by the tenant.