K.N. Srivastava, J. - (1.) THIS is an appeal by the unsuccessful Defendant, arising out of following facts: The Plaintiff let out the Ahata in dispute to the Defendant on a monthly rent of Rs. 23/ - per month. According to the Plaintiff, the Ahata had no roofed structure when it was rented in the year 1957. The Defendant fell in arrears of rent. The Plaintiff terminated the tenancy of the Defendant by the notice dt. 15 -6 -1965. He thereafter filed the suit for ejectment and arrears of rent.
(2.) THE suit was contested by the Defendant and it was pleaded, inter alia, that the enclosed compound with a room inside was "accommodation" and therefore, the suit was barred by Section 3 of the UP (Temp.) Control of Rent and Eviction Act. The learned trial court decreed the suit holding that the premises let out to the Defendant was an open Ahata without any roofed structure and therefore, the suit was not barred by Section 3 of the UP (Temp.) Control of Rent and Eviction Act. The Defendant filed an appeal. The lower appellate court concurred with the findings of the trial court and dismissed the appeal. Hence, this second appeal.
(3.) THE only short question which arises for determination in this appeal is as to whether an Ahata, without any roofed structure, is an "accommodation", as provided Under Section 2(a) of the UP (Temp.) Control of Rent and Eviction Act (hereinafter referred to as the 'Act'). "Accommodation" has been defined in the Act as below: 'Accommodation' means residential and non -residential accommodation in any building or part of a building and includes - (i) gardens, grounds and out -houses, if any, appurtenant to such building or part of a building; (ii) any furniture supplied by the landlord for use in such building or part of a building; (iii) Any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof, but does not include any accommodation used as a factory or for an industrial purpose where the business carried on in or upon the building is also leased out to the lessee by the same transaction.;