YUGAL KISHORE SRIVASTAVA Vs. RADHEY SHYAM AND OTHERS

JUDGEMENT

(1.) This is a defendant's revision application under Sec. 115 of the Civil Procedure Code.

(2.) In brief the facts are that the plaintiffs-opposite parties are the landlords of the house in dispute which was let out to the defendant-revisionist on a rent of Rs. 10.00 per month. According to the plaintiffs, the defendant tenant fell in arrears of rent from 1.8.1970 to 30.3.1971 and the notice demanding the arrears of rent and ejectment was given to him on 3.5.1971. It was served on the defendant on 4.5.1971 but he neglected to pay any rent and failed to vacate the house. Hence that suit was filed for ejectment of the defendant- revisionist and for the recovery of arrears of rent and damages for use and occupation.

(3.) The defendant-revisionist contested that the suit inner alia on the grounds that the house was governed by the provisions of U.P. Act III of 1947 that rent was paid upto Jan. 1971 and the amount remitted for the subsequent period was refused by the landlords. The validity of the notice to quit was also challenged.