JITENDRA PRASAD Vs. MATHURA PRASAD DARZI

JUDGEMENT

(1.) THIS is a Plaintiff's appeal in a suit filed by him for ejectment and arrears of rent. According to the plaint the Defendant was a tenant of the Plaintiff in the premises on a monthly rent of Rs. 6/ - and the tenancy was to commence from the 1st of every English calendar month and expired with the end of the month. The Defendant fell in arrears of rent from 1 -10 -56, to 31 -12 -1956. Therefore, a notice demanding the arrears of rent and for ejectment was given on 3 -1 -57 which was served on the Defendant on 7 -1 -57. The Defendant neither paid the rent nor vacated the premises within a period of one month from the date of receipt of the notice, hence the suit.

(2.) THE Defendant inter alia pleaded that the notice was wrong and illegal. In the courts below the ground on which it was argued that the notice was illegal was that the rent had not remained in arrears for a period of more than three months and the before, the landlord was not entitled to issue notice or file a suit for ejectment. Before us in the alternative it was also argued that in any event rent for more than three months was not in arrears and therefore, the notice was invalid and the suit was barred by Section 3 of the U.P. Control of Rent and Eviction Act.

(3.) IN Ram Saran v. L. Bir Sin, 1958 AWR HC 62 the learned single Judge had observed: