P.N.BAKSHI,J. - (1.) THIS is a defendant's revision in a suit filed by the plaintiff-respondent in the Court of Judge Small Causes for ejectment of the defendants and for recovery of arrears of rent. The suit related to Flat No. 1 of House No. D-59/105-C situate it Mohalla Chandrika Colony, Varanasi City. It was decreed by the trial Court on 23.2.1982.
(2.) THE plaintiff's allegations were that the defendants were the tenants of the premises in suit on a monthly rent of Rs. 25 that the defendants tenancy was terminated by a notice dated 1.9.1980 sent by registered post; that the defendant's premises was constructed in the year 1974 and as such it was not governed by U.P. Act No. 13 of 1972 that the defendants failed to vacate the premises inspite of the termination of their tenancy, hence the suit. The defendants filed joint written statements and contested the suit. It was pleaded by them that notice to quit was not served upon defendant No. 2 and that he did not refuse to accept the same. It is also pleaded that the premises including a porch and paved land lying infront of the house was not included in the notice and as such the said notice was illegal. The defendants further pleaded that rent upto February, 1981, has been paid to the plaintiff, the notice terminating their tenancy stood waived. On these grounds inter alia the suit was liable to be dismissed.
(3.) THE trial Court on a consideration of the evidence on record, both oral or documentary, held the case of the plaintiff established and decreed the suit for ejectment and arrears of rent and mesne profits as mentioned above.;