BISHUN CHANDRA SAXENA Vs. SUSHIL CHANDRA VERMA

JUDGEMENT

(1.) THIS is a second appeal referred to a Bench by a learned Judge. It arises out of a suit for ejectment and recovery of arrears of rent.

(2.) THE Plaintiff -Appellant is the landlord and the Defendant -Respondent is the tenant of certain premises which were purchased by the Appellant on 1 -4 -1954. The Respondent paid rent to the Appellant at the rate of Rs. 107/1/6 for the months of April to August 1954. He made no payment of rent for the subsequent months. In December 1954 the Plaintiff gave a notice of demand purporting to be one in conformity with the provisions of Clause (a) of Sub -section (1) of Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act (hereinafter called the Act) asking the Respondent to may the rent in arrears. The Plaintiff, probably feeling the inadequacy of this notice, gave a second notice to the Respondent on 17 -1 -1955. In the second notice he not only requested the Respondent to pay the rent of the last several months which was in arrears but also made inquiries from him a about the actual payments in the past and about how the payment of rent at the rate of Rs. 107/1/6 per mensem was being made instead of at the assessed amount which was Rs. 150/ -. The demand part of the notice was in these words:

(3.) THE Respondent offered the rent in arrears on 17 -3 -55 to the Appellant who refused to accept it and subsequently instituted the suit giving rise to this second appeal on 15 -4 -55.