RAM AUTAR JAISWAL Vs. RAM KUMAR SHARMA

JUDGEMENT

(1.) This revision has been filed against the judgment and decree dated 14-8-87 passed by the VIIth Additional District Judge (Judge Small Cause Court), Kanpur Nagar, decreeing the plaintiff's suit for possession, ejectment of the defendant, recovery of water and sewer taxes and recovery of pendente lite and future damages.

(2.) The brief facts for the purpose of deciding the present revision are that the plaintiff who admittedly is the owner and landlord of the premises in dispute filed a suit for ejectment and recovery of arrears of rent and taxes against the defendant. A specific plea was taken that despite service of notice of demand the defendant had failed to pay the arrears of rent within the statutory period and, thus, he was liable to ejectment under Sec. 20 of the U.P. Act No. 13 of 1972 (hereinafter referred to as the Act).

(3.) The defendant contested the aforesaid suit on the ground that he was not liable to ejectment and that the rate at which the electricity dues had to be paid was not as alleged by the plaintiff.