PREM PAL GUPTA Vs. BABOO RAM GARG

JUDGEMENT

(1.) This is a defendant's revision against the judgment and order dated 2.6.1976 passed by the District Judge, Bulandshahr.

(2.) The plaintiff-opposite party is the owner of house No 296/297 situate in Mohalla Prabhu Dayal in the town of Jehangirabad, District Bulandshahr. The defendant-revisionist occupied a portion of it (consisting of two rooms, one courtyard, a Baithak or shop) as a tenant on a monthly rent of Rs. 31/- The Baithak or shop was let out at Rs. 15/- per month while the remaining portion was let out at Rs. 16/- per month. According to the plaintiff, the defendant was also liable to pay Rs. 8/- per month as electric charges. He tell in arrears of rent from 1.10.1970 and a notice of demand and to quit was served upon him on 28.5.73 but the defendant neither paid anything nor vacated the disputed portion. Hence the plaintiff filed the suit for his ejectment and for the recovery of arrears of rent etc.

(3.) The defendant-revisionist contested that suit, inter alia, on the ground that he was a tenant of the disputed portion on a rent of Rs. 16/- per month and not Rs. 31/- per month ; that there was no agreement to pay Rs. 8/- per month as electric charges because he was having a sub-meter and these charges were paid by him according to the electricity consumed ; that he was always willing to pay the rent but the plaintiff himself did not take it and he had to deposit it under Sec. 7-C of U. P. Act III of 1947 and Sec. 13 of U.P. Act XIII of 1972 and that the plaintiff used to purchase milk from him and adjusted its price towards rent. Therefore, bulk of the amount was paid and the amount claimed was excessive. It may be stated here that the defendant- revisionist did not challenge the validity of the notice in his written statement but the learned trial court framed an issue on it.