- (1.) THIS is a defendant's appeal. It arises out of a suit brought by the plaintiff for arrears of rent and ejectment. The ejectment of the defendant was sought on the ground that the defendant had caused substantial damage to the accommodation under Section 3 (b), U. P. Control of Rent and eviction Act.
(2.) THE defendant admitted his liability for arrears of rent but resisted the relief of ejectment on the ground that he had not caused any damage to the building.
(3.) THE trial Court decreed the suit for arrears of rent. It, however, dismissed the suit for ejectment holding that the defendant had not caused any damage. Dissatisfied with the judgment of the trial Court on the question of ejectment, the plaintiff filed an appeal which came up for hearing before Sri T. N. Chatterji, Civil Judge, Gonda. Before the lower appellate Court, it was argued that the permission to file a suit for ejectment having been given by the rent control and eviction officer the civil court was bound to decree the suit for ejectment. This argument was accepted by the Court below which allowed the plaintiff's appeal and varied the decree of the trial Court by decreeing ejectment also. The defendant has filed this second appeal against the said judgment.;