B.N.Sapru, J. - (1.) The Appellant Vijai Shanker Lal is a tenant of house No. 27/150 situate in Jagatganj, Varanasi. The house consists of two portions. One portion thereof is in the occupation of Sri Vijai Shanker Lal as an allottee under an order of allotment passed by the Rent Control and Eviction Officer, and the other portion is in his occupation without such an allotment order.
(2.) The present appeal arises out of suit No. 418 of 1958, and it relates to that portion of the house which is in the occupation of Vijai Shanker Lal under an allotment order in his favour.
(3.) The Respondent, who is the landlord, filed a suit for the eviction of the Appellant from the allotted portion of the house on the ground inter alia that the Appellant had made default in the payment of rent despite the service of a notice of demand as more than three months' rent was due from him.;