BANKEY BEHARI Vs. GOPAL DAS

JUDGEMENT

(1.) This revision arises out of a suit for ejectment of the defendant the tenant of the shop in dispute, and for arrears of rent.

(2.) The suit was filed in Sept., 1972. The suit for ejectment was based on the ground of tenant's default in clearing arrears of rent as contemplated by Sec. 20(2)(a) and also on the ground of sub-letting contemplated by clause (e) of sub-section 2 of Sec. 20 of the U. P. Urban Buildings (Regulation of letting Rent and Eviction) Act, 1972.

(3.) The trial court held that both the grounds had been established and accordingly directed the ejectment of the defendant and also passed a decree for recovery of arrears of rent. On appeal the learned District judge held that the ejectment cannot be ordered on the first ground as in view of sub-section (4) Sec. 20 of the Act but it could be decreed on the ground of sub-letting. He accordingly dismissed the appeal. The defendant has came up in revision.