HARISH CHANDRA Vs. JAI NARAYAN

JUDGEMENT

(1.) Heard Sri A.N. Bhargava, Advocate, for appellant and Sri V.P. Varshney, Advocate, for respondent.

(2.) This is plaintiff's appeal under Section 100 Code of Civil Procedure arising from judgment and decree dated 23.12.1978 passed by Sri R.C. Verma, 3rd Additional District Judge, Aligarh insofar as it has allowed defendant's appeal partly against judgment and decree dated 29.05.1971 passed by Sri V.K. Sirkar, Munsif Koil, District Aligarh whereby suit was decreed in its entirely.

(3.) Original Suit No. 170 of 1968 was instituted by Harish Chandra, plaintiff, seeking ejectment of defendant from ground floor of house details whereof were given at bottom of plaint and for realization of Rs. 181.25 as arrears of rent, damages since 01.12.1966 to 19.03.1968, Rs. 43.75 as arrears of rent of water tax and also for pendente lite and future mesne profits at the rate of Rs. 52.50 per month. Defendant-respondent preferred Civil Appeal No. 243 of 1971 wherein Point for Determination No. 3 was in respect to validity of notice of termination of tenancy and the said issue read as under: