BHAGWAN DASS VENI Vs. RAJENDRA NARAIN BHATNAGAR

JUDGEMENT

(1.) THIS is defendant's revision under Section 115 of Civil Procedure Code against the orders of the courts below decreeing plaintiff-opposite parties' suit.

(2.) THE plaintiff-opposite parties filed suit for recovery of arrears of rent and ejectment against the defendant on the ground that the defendant had failed to pay arrears of rent inspite of demand and he had caused damage to the building let out to him. THE defendant contested the suit on a number of grounds. Ho denied that he had caused any damage to the building or that he was in arrears of rent. During the pendency of the suit, U. P. Act no. XIII of 1972 came into force. THE defendant made deposits as envisaged by Section 39 of the Act and made an application that he had absolved himself from the liability of ejectment. THE trial court held that the defendant had deposited the amount required under Section 39 of the Act and he was not liable to be ejected on the ground of default in payment of rent. But the trial court decreed the plaintiffs' suit for defendant's ejectment on his findings that he had caused damage to the building. On revision by the defendant, the Additional District Judge upheld the judgment and decree of the trial court.

(3.) FOR the reasons stated above, the courts below acted with material irregularity in exercising their jurisdiction in decreeing the plaintiff-opposite parties' suit for defendant's ejectment.