KATESHWAR NATH Vs. SOM NATH GANDHI

JUDGEMENT

(1.) This is a defendants appeal filed in a suit for ejectment. Both the courts below have passed the decree for ejectment against the defendant finding that he had committed default in payment of rent and consequently he was liable to ejectment.

(2.) The record in the court below was reported to have been burnt down. The learned counsel for the appellant thereupon filed a paper book containing the various necessary papers on the record. I had granted time to the learned counsel for the respondent to file his own paper book but he did not file any fresh papers, therefore, the paper book filed by the learned counsel for the appellant is accepted and is made a part of the record.

(3.) The admitted facts of the case are that the defendant was a sub-tenant of the plaintiff in respect of the disputed portion at a rent of Rs. 45/- per month. Notice (Ex. 1) was issued to the defendant on 15-12-65. In that notice the defendant was asked to pay the rent along with the Bhumi Bhawan Kar from 15th Aug., 1965 to 14th Dec. 1965. The Bhumi Bhawan Kar was levied at the rate of Rs. 2.25 per month. According to the defendant he had deposited the rent for the aforesaid period under S. 7-C of the U. P. (Temporary) Control of Rent and Eviction Act, 1947. (hereinafter refer- red to as the 'Act) on 1-10-1965 per Ext. A-3. The deposit was duly made after the notice of the plaintiff.