M.P.SAXENA,J. - (1.) THIS is defendant's revision application under Section 115, C.P.C. against the order dated September 28, 1975 passed by the II Additional District Judge, Kanpur."
(2.) IN brief, the facts are that the plaintiff opposite party is the owner of House No. 120/316 Lajpat Nagar, Kanpur. According to him it was constructed in 1956 and was let out to the defendant re­visionist on a monthly rent of Rs. 125/-. The latter failed to pay rent from November 1, 1971. with the result that on March 15, 1972 a notice of demand and ejectment was sent to him. It came back with an endorsement of refusal on the ground that the addressee avoided to receive it. Ultimately the notice was served by affixa­tion on the main door of the defendant revisionist's house on April 15, 1972, In spite of it the defendant neither paid rent nor vacated the house. Hence a suit was filed for his ejectment and for the re­covery of arrears of rent and damages. The defendant-revisionist contested that suit, inter-alia on the grounds that the building was constructed before 1950 and was gov­erned by the provisions of the U.P. Act XIII of 1947, that rent upto January, 1972 was paid to the plaintiff-landlord and a sum of Rs. 603/-was deposited in the Nagarpalika on account of house tax and water tax and this sum was liable to be adjusted towards rent, that certain amount was deposited in the court and he was entitled to the bene­fit of Section 20(4) of the U.P. Urban Buildings (Regulation of Let­ting, Rent and Eviction) Act, 1972 that no notice was served on him and in any case the alleged notice was invalid. Later on benefit of Section 39 of the new Act was also claimed.
(3.) THE learned trial court decreed the suit for ejectment and for pendentelite and future damages from May 16, 1972 but dismissed it in respect of arrears of rent.;