BALDEO RAJ NAGPAL Vs. D.N.ARORA

JUDGEMENT

(1.) THIS is defendant's revision application under Section 115, C.P.C. against the order dated September 28, 1975 passed by the II Additional District Judge, Kanpur."

(2.) IN brief, the facts are that the plaintiff opposite party is the owner of House No. 120/316 Lajpat Nagar, Kanpur. According to him it was constructed in 1956 and was let out to the defendant re­visionist on a monthly rent of Rs. 125/-. The latter failed to pay rent from November 1, 1971. with the result that on March 15, 1972 a notice of demand and ejectment was sent to him. It came back with an endorsement of refusal on the ground that the addressee avoided to receive it. Ultimately the notice was served by affixa­tion on the main door of the defendant revisionist's house on April 15, 1972, In spite of it the defendant neither paid rent nor vacated the house. Hence a suit was filed for his ejectment and for the re­covery of arrears of rent and damages.

(3.) THE learned trial court decreed the suit for ejectment and for pendentelite and future damages from May 16, 1972 but dismissed it in respect of arrears of rent.