J. C. Gupta, J. - (1.) Heard parties counsel. This is landlord's petition directed against the judgment and order dated 12.5.1983 whereby the revision filed by the tenant against the judgment and decree dated 21.11.1981 passed by the Judge, Small Causes Court has been set aside and the petitioner's suit for rent and ejectment has been dismissed.
(2.) It is not disputed that the parties to this writ petition were landlord and tenant. The petitioner filed a suit for recovery of arrears of rent and ejectment against the defendant tenant alleging that defendant did not pay rent from 1.3.1980 at the rate of Rs. 37 per month despite a notice of demand and eviction having been served upon him on 24.7.80. The defendant took up the plea that the rate of rent was only Rs. 25 per month and not Rs. 37 per month as alleged by the plaintiff and rent was tendered to the plaintiff at the same rate after the receipt of the notice and on refusal by him the same was deposited in Court under Section 30 (1) of the U. P. Act No. 13 of 1972.
(3.) One of the Important issues involved before the trial court was about the rate of rent and on this Issue, both the parties adduced evidence before the trial court, oral as well as documentary. The trial court placing reliance on the evidence adduced by the plaintiff including his Witness Hardas recorded a clear finding of fact that the rate of rent initially was Rs. 25 per month which was enhanced to Rs. 37 per month as per the agreement between the parties when certain repairing was done in the tenanted accommodation by the landlord and with this finding of fact, the trial court decreed the suit as the arrears of rent were tendered and deposited only at the rate of Rs. 25 per month and not at the rate of Rs. 37 per month and thus the defendant was liable to eviction on the ground of his being a defaulter within the meaning of Section 20 (2) (a) of the Act. On a revision filed by the tenant, the revisional court has reversed that finding of fact and substituted its own finding on the above issue and it has been held by the revisional court that the rate of rent was Rs. 25 per month and not Rs. 37 per month as alleged by the plaintiff. Accordingly." the plaintiff's suit has been dismissed by the Impugned order.;