BATASA DEVI Vs. TARA DEVI

JUDGEMENT

(1.) This is a defendant's second appeal in a suit for ejectment, arrears of rent as also damages for unlawful use and occupation after the termination of tenancy.

(2.) The plaintiff claimed that he had let out an open piece of land at the rate of Rs. 10.00 per month. The defendant, on the other hand claimed that the rate of rent was Rs. 4.00 per month and what had been let out was not an open piece of land but a building. It was also pleaded in defence that the notice terminating the tenancy was invalid and that arrears of rent had been deposited under Sec. 30 of U P. Act No. 13 of 1972 on the plaintiffs refusal to accept the same and thus the defendant was not in arrears of rent.

(3.) The trial court found that what had been let out was not a building and that U. P. Act No. 13 of 1972 was not applicable to the case, but the rate of rent was Rs. 4.00 per month only and the notice served by the plaintiff was illegal on account of the wrongful refusal by her to receive the amount tendered at that rate. In the result, the trial court decreed the suit for recovery of rent at the rate of Rs. 4.00 per month, directing the plaintiff to withdraw Rs. 28/- deposited in the Court of Munsif, West Allahabad, and directing the defendant to pay the sum of Rs. 175/- to the plaintiff.