Kuber Nath Srivastava, J. - (1.) This is an appeal against the judgment and decree passed by Sri M.P. Tripathi, II Addl. Civil Judge, Agra, allowing the appeal against the judgment and decree passed by Sri R.N. Sinha, Munsif, Agra, decreeing the plaintiff's suit for possession and arrears of rent. The facts giving rise to this appeal are as follows: The plaintiff -appellant is the owner of shop No. 3416/10 situated in Nala Mantola, Agra, and the defendant -respondent is the tenant of this shop on a monthly rent of Rs. 4/ -. The defendant did not pay the rent of the shop from 1 -8 -61 to 31 -7 -62 and, therefore, a notice for demand and ejectment was served on the defendant. Earlier on 6 -7 -62, the Nagar Mahapalika attached the arrears of rent due from the defendant u/S. 516 of the Nagar Mahapalika Adhiniyam because the plaintiff had failed to pay certain dues of the Nagar Mahapalika. The learned lower appellate court held that after the attachment notice by the Nagar Mahapalika u/S. 516 of the Nagar Mahapalika Adhiniyam, the plaintiff was not entitled to the arrears claimed and, as such, there was no default from the side of the defendant in the payment of rent and, therefore, the plaintiff was not entitled to have the defendant ejected from the shop as provided u/S. 3(1)(a) of UP Control of Rent and Eviction Act.
(2.) The main question which arises for determination in this case is as to whether the arrears of rent which was due from the defendant from 1 -8 -61 to 31 -7 -62 have ceased to be arrears of rent as laid down u/S. 3(1)(a) of the UP Control of Rent and Eviction Act. This sub -section reads as below: that the tenant is in arrears of rent for more than three months and has failed to pay the same to the landlord within one month of the service upon him of a notice of demand. This sub -section, therefore, lays down two pre -requisites for ejectment - -firstly - -that tenant is in arrears of rent for more than three months and secondly - -that he failed to pay the same within a month from service of notice of demand. According to the learned counsel for the respondent, there was no failure in the payment of rent by the defendant as the arrears had been attached and instead of the plaintiff, the Nagar Mahapalika was entitled to recover the same.
(3.) The position of the Nagar Mahapalika, after the notice of attachment u/S. 516 of the Nagar Mahapalika Adhiniyam was that of an assignee. S. 2(c) defines a landlord and the definition of the word 'landlord' runs as below: - - (c) "landlord" means a person to whom rent is payable by a tenant in respect of any accommodation and includes the agent, attorney, heir or assignee of such person.;