BITTA DEVI Vs. BIMAL KUMAR

JUDGEMENT

(1.) THIS is a plaintiff's appeal arising out of money by way of arrears of rent, damages and Bhumi Bhawan Kar and other taxes The suit property is on the ground floor of premises No. 10/174 Khalasi Line Kanpur with open space by the side of the room and some space on the first floor of the premises. The case so far as ejectment concerned is confined to by its side. The plaintiff's case was that the defendant was a tenant of the room in question at a monthly rent of Rs. 10/- per month and that he had defaulted in the payment of rent since 26-12-1969. As regards the space by the side of the room it was alleged that the defendant had unauthorisedly taken possession and encroached upon a space 6'X8' on the open varandah by the side of the room and was using it as a kitchen, without the permission of the plaintiff which was an illegal and unauthorised act on his part for which he was liable to pay damages and was also liable to eviction therefrom. As regards the space on the first floor it was alleged that the defendant was using it in collusion with one Sunder Lal Nishad, who was its occupier. The plaintiff claimed damages for use of this part of the accommodation also. This part of the case was not canvassed before us in second appeal so we shall confine ourselves to the claim for ejectment of the defendant from the room and the open space by its side, and for the arrears of rent and damages and recovery of certain taxes claimed. The plaintiff's case was that the defendant was liable to pay Bhumi Bhawan Kar and other taxes of the accommodation which he had not paid. He was alleged to be in arrears of rent for the room leased out to him since 26th December, 1969. As regards the encroachment made, the plaintiff's case was that he had paid no damages for use and occupation and that he was liable to pay the same at the rate of Rs. 20 per month. He was also alleged to be liable to pay Bhumi Bhawan Kar and the Excess water charges.

(2.) BY a notice dated 10th October, 1970 the plaintiff required the defendant to pay the arrears of rent and the amounts claimed thereunder by way of damages for use and occupation and the Bhumi Bhawan Kar and the excess water charges within a month of the receipt of that notice and to vacate the premises thereafter. This notice was served on the defendant on 13th December, 1970. The plaintiff's case was that the defendant had despite the service of the notice not paid the arrears due nor had he vacated the premises as required of him. Hence the suit.

(3.) THE trial court decreed the suit for ejectment and the arrears claimed on the finding that the defendant was a tenant of the room in question as also the space by its side; that since he had defaulted in the payment of rent for a per­iod over three months and had not paid the same inspite of the demand notice he was liable to ejectment and to pay the arrears claimed. The agreed rent of Rs. 10 was not found inclusive of the Bhumi Bhawan Kar hence the dependant was liable to pay the same also in addition to the arrears of rent. The defendant's plea that he had tendered the rent to the plaintiff was not found proved and the deposit under section 7-C of U. P. (Temporary) Control of rent and Eviction Act was not found valid.