JAWARLAL Vs. MATHURAPRASAD

JUDGEMENT

(1.) THIS is a defendant's second appeal against the judgment of the learned District Judge upholding that of the trial court by which the plaintiff's suit was decreed.

(2.) THIS appeal arises out of a suit for possession of the house in dispute by ejectment and recovery of Rs. 250/- on account of arrears of rent. The house was taken on rent, according to the allegations of the plaintiff, in October, 1947 on a rent of Rs. 50/-per mensem. The rent was paid up to March, 1949 but not thereafter. The defendant being in arrears for seven months, the plaintiff instituted a suit for his ejectment and payment of arrears as stated above, on 25th of November, 1949. In the plaint, there was no specific prayer for ejectment on the ground that the house was required by the plaintiff for his personal residence although there is some reference to the inconvenience which was being experienced by him on account of his residence in the house occupied by him at the time of the institution of the suit. A notice was referred to in the plaint as having been sent to the defendant calling upon him to vacate the house and pay up the arrears. The defendant pleaded that he had taken the house on rent but the rent agreed upon and fixed between the parties was Rs. 20/-per mensem and not Rs. 50/- per mensem as alleged by the plaintiff and, therefore, according to this rate he had paid up to October, 1949. In reply to the notice sent by the plaintiff demanding arrears at the rate of Rs. 50/- per mensem, the defendant took up identical position. Both the courts below have found that the rent fixed was Rs. 50/- per mensem and that, accordingly, the defendant was in arrears.