SHISHU GYAN MANDIR Vs. NARSINGH RAI AND OTHERS

JUDGEMENT

(1.) This is a defendant's revision application under Sec. 25 of the small Cause Courts Act against the judgment and decree dated 14.7.1976 passed by the learned District Judge, Gorakhpur, in S.C.C. Suit No. 155 of 1971.

(2.) Briefly stated the facts are that Nar Singh Rai and Haridwar Rai, opposite parties Nos. 1 and 2, are the owners of the accommodation in suit. It was let out to the revisionist through opposite party No. 3 on a monthly rent of Rs. 333.00 on 26.6.1966. The defendant revisionist fell in arrears of rent from May, 1969. Requisite notice to quit was given to him but in vain. Hence a suit for the recovery of Rs. 9238.06 as arrears of rent and Rs. 241.34 as damages for use and occupation was filed.

(3.) The defendant-revisionist alone contested that suit, inter alia, on the grounds that the accommodation was pre-1951 construction and was governed by the provisions of U.P. Act III of 1947 ; that it was let out to him in July 1969 and not in June 1966 that its rent was Rs. 150.00 per month and not Rs. 333.00 per month ; that rent till Dec. 1970 was paid and thereafter the plaintiff himself did not accept it and lastly, that the notice to quit was invalid.