AMI CHAND Vs. RAM SHARAN DASS

JUDGEMENT

(1.) This revision by the tenant is directed against the order of the learned Munsif Nagina, dated the 13th Aug., 1966, dismissing his application under Sec. 7C of the U.P. (Temporary) Control of Rent and Eviction Act - hereinafter called the Act.

(2.) The application giving rise to this revision was filed on the allegations that the applicant was the tenant of the accommodation mentioned in his application on a monthly rental of Rs. 2.25. He tendered the rent of the said accommodation for the period 1.2.1961 to 2.4.1966 to the opposite-party who was its landlord, both personally and by money order, but he refused to accept the same. Hence the application under Sec. 7C of the Act.

(3.) On the aforesaid application being filed, the learned Munsif issued notice to the opposite party. The opposite party filed objections denying the allegations of the applicant that he tendered the rent to him (the opposite party) either personally or by money order. He further alleged that as the accommodation in question had ceased to be 'accommodation' under the Act, inasmuch as its roof had been burnt and its walls had fallen down, the provisions of Sec. 7C of the Act did not apply to it. The learned Munsif accepted the legal objection of the opposite party and dismissed the application, thus giving rise to the present revision.