S.C. Verma, J. - (1.) THE present petition is directed against the order dated 25 -2 -1986 passed by the Judge, Small Causes Court, Gorakhpur and the order dated 4 -3 -1987 passed by the III AddlDistrict Judge, Gorakhpur decreeing the Plaintiffs suit for ejectment, recovery of arrears of rent, damages and mesne profits.
(2.) THE Respondent No. 3 filed the suit against Hanuman Prasad, Defendant No. 1, here in Petitioner, and also impleaded Hari Ram, Defendant No. 2 who has been sublet part of the accommodation unauthorisedly. According to the case set up in the plaint, the disputed building was erected before 1946 and was assessed in July 1959. The Defendant No. 1 was in occupation of the premises since before 1946 on a rent of Rs. 41/ - per month and after the enforcement of U.P. Act 13 of 1972, herein after referred to as the Act, the rent was raised to Rs. 64.06 as the standard rent with effect from 15 -7 -1972. The Defendant No. 1 committed default in the payment of rent and he was in arreas to the extent of Rs. 7110/50. The Defendant No. 1 although made various deposits under Section 7 -C of U.P. Act 3 of 1947, here in after referred to as the old Act, and under Section 30 of the Act but even after the setting off the amount he was in arrears of rent for more than 4 months when the notice of demand dated 16 -4 -1979 was served on him. The allegations of sub -letting and material alterations were also made. The suit was instituted for the recovery of an amount of Rs. 1950.50 as arrears of rent at the rate of Rs. 64.06 per month and damages for use and occupation from the date of the suit till the date of recovery of possession. The suit was contested on the ground that the rate of rent was initially Rs. 28/14/ - per month which was raised to Rs. 41/ - per month. After the property was purchased by the Plaintiff, he declined to accept the rent which was then deposited from October 1969 under Section 7 -C of the Old Act and with effect from 15 -7 -1972 to February, 1979 at the rate of Rs. 51.25. The allegation of sub -letting and material alterations were also denied.
(3.) THE trial court held that the rent in respect of the accommodation was Rs. 64.06 as claimed by the Plaintiff and the Defendant was in default of more than 4 months when the notice was served. Hence liable for ejectment. The other pleas regarding sub -letting and material alteration were decided in favour of the contesting tenant.;