B N GUPTA Vs. SATYA WATI

JUDGEMENT

(1.) This judgment will dispose of two civil revisions Nos. 645 and 659 of 1951. They axe both directed against an appellate decree, passed by Mr. Tek Chand Vijh, Senior Subordinate Judge, dated 3-8-1951, by which he upheld the decree for ejectment of the defendant from the premises in dispute and also made an order that the defendant could stay in the upper flat and the plaintiff could occupy the ground floor. Both the parties have come up in revision to this Court.

(2.) Basheshwar Nath Gupta, the petitioner, took on lease the ground floor of "Satya Niwas" on 1-10-1946, on Rs. 100/- a month for the purposes of residence, office, garage and godown. On 22-1-1948, Dr. Satya Wati, who is the owner of the premises, sent a notice to Easheshwar Nath Gupta, the defendant terminating the tenancy and asking him to vacate the premises on the ground of perversion of user as a school and on account of personal needs. she mentioned in this notice that she was suffering from heart trouble. In reply the defendant denied these allegations and sent arrears of rent due from 1-6-1947, to 31-12-1947, plus the rent for the months of January and February, Rs. 900/- in all, which were accepted by the landlord.

(3.) On 27-4-1948, Dr. Satya Wati again sent a notice on the same grounds. Nothing was done for fifteen or eighteen months, but it appears that even after this notice the rent was received by the landlord.