NAND KISHORE Vs. LALIT KUMAR

JUDGEMENT

(1.) This is a tenant's appeal in a suit for ejectment and arrears.

(2.) This claim was resisted by the defendant mainly on the ground that defendant was not in default. The defendant had also taken the plea of non-joinder of necessary party and that the notice served was invalid and had been waived.

(3.) On the pleadings of the parties relevant issues were framed by the trial Court. The trial Court decreed the suit for recovery of the arrears of rent as well as the Bhoom Bhawan Kar as claimed but dismissed the suti for ejectment on the ground that there was no valid notice as contemplated by Section 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act.