BANKEY BEHARI Vs. GOPAL DAS
LAWS(ALL)-1977-11-50
HIGH COURT OF ALLAHABAD
Decided on November 04,1977

BANKEY BEHARI Appellant
VERSUS
GOPAL DAS Respondents

JUDGEMENT

Hari Swarup, J. - (1.) This revision arises out of a suit for ejectment of the defendant the tenant of the shop in dispute, and for arrears of rent.
(2.) The suit was filed in September, 1972. The suit for ejectment was based on the ground of tenant's default in clearing arrears of rent as contemplated by section 20(2)(a) and also on the ground of sub-letting contemplated by clause (e) of sub-section 2 of section 20 of the U. P. Urban Buildings (Regulation of letting Rent and Eviction) Act, 1972.
(3.) The trial court held that both the grounds had been established and accordingly directed the ejectment of the defendant and also passed a decree for recovery of arrears of rent. On appeal the learned District judge held that the ejectment cannot be ordered on the first ground as in view of sub-section (4) section 20 of the Act but it could be decreed on the ground of sub-letting. He accordingly dismissed the appeal. The defendant has came up in revision.;


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