H.C.MITAL,J. - (1.) THIS is a tenant's revision against the judgment and decree dated 15-2-1991 regarding recovery of Rs. 2730/- and eviction of the revisionist from the accommodation in suit and payment of Rs. 65 per month as damages for use and occupation till the accommodation is vacated.
(2.) ADMITTEDLY , the revisionist has been a tenant of the shop in the suit, situate in Mohalla Station Road, Mirzapur, at a monthly rent of Rs. 75. According to the plaintiff, an amount Rs. 4537.50 became due from July, 1982 to 15th July, 1987 which he failed to pay in spite of notice of demand and termination of tenancy. The defendant contested the suit on the ground that he had paid the arrears of rent till November, 1986 and that subsequently he deposited rent in Court under section 30(1) of U.P. Act No. XIII of 1972 and that the notice to quit was illegal and his tenancy has not been determined in accordance with law.
(3.) THE learned Judge of the Court below, however, believed the plaintiff's evidence and disbelieved the defence version, hence he passed the impugned decree. In this revision only three points have been raised, firstly that no notice of termination of tenancy as provided in Section 106 of the Transfer of Property Act and lastly that the learned Court below has wrongly disbelieved the defence version regarding payment of rent till November, 1986.;