O.P.JAIN,J. - (1.) THIS is a revision against the judgment and decree passed by Judge, Small Cause Court (Addl. District Judge, Farrukhabad) on 17.9.84.
(2.) THE brief facts of the case are that according to the plaintiff the suit premises were let out to the defendant at the rate of Rs. 150 per month. The defendant did not pay any rent from October, 1974 and, therefore, an agreement was entered into between the parties on 20.10.1975. The defendant agreed to pay rent at the rate of Rs. 150 per month and to pay the arrears at the rate of Rs. 50 per month. After this agreement the defendant paid rent Rs. 200 per month to the plaintiff in November, 1975 and December, 1975. Thereafter, he did not pay anything. The plaintiff, therefore, alleged that a sum of Rs. 12050 was due against the defendant but the time-barried amount was given up and the suit filed for the recovery of Rs. 5475. According to defendant the rent was Rs. 50 per month. On the first date of hearing which was Ist December, 1981 the defendant paid Rs. 7755 to the plaintiff on account of arrears of rent, interest and costs of the suit and he prayed that the suit should be dismissed. The learned Addl. District Judge decreed the suit on the ground that in order to take the advantage of Section 20, sub-clause (4) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act No. 13 of 1972, it is incumbent on the defendant to pay not only the amount claimed in the suit but also the amount, the recovery of which has become barred by limitation.
(3.) FEELING aggrieved against this judgment the defendant has filed the present revision.;