R. Dayal, J. - (1.) THIS is a second appeal referred to a Bench by a learned Judge. It arises out of a suit for ejectment and recovery of arrears of rent.
(2.) THE Plaintiff -Appellant is the landlord and the Defendant -Respondent is the tenant of certain premises which were purchased by the Appellant on 1 -4 -1954. The Respondent paid rent to the Appellant at the rate of Rs. 107/1/6 for the months of April to August 1954. He made no payment of rent for the subsequent months. In December 1954 the Plaintiff gave a notice of demand purporting to be one in conformity with the provisions of Clause (a) of Sub -section (1) of Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act (hereinafter called the Act) asking the Respondent to may the rent in arrears. The Plaintiff, probably feeling the inadequacy of this notice, gave a second notice to the Respondent on 17 -1 -1955. In the second notice he not only requested the Respondent to pay the rent of the last several months which was in arrears but also made inquiries from him a about the actual payments in the past and about how the payment of rent at the rate of Rs. 107/1/6 per mensem was being made instead of at the assessed amount which was Rs. 150/ -. The demand part of the notice was in these words: You are in arrears of rent for the last several months. I would very much appreciate if you please send the rent that is due. No response was made by the Respondent to this notice. On 18 -2 -1955 the Plaintiff served a notice Under Section 106 of the Transfer of Property Act. This notice is quoted in full below: Dear Sir, Whereas you are a tenant in my house No. 9, Hamilton Road, Allahabad, from month to month, the tenancy beginning from the 1st of every calendar month and you have not paid the rent for the months of September, October, November and December 1954 and January 1955 and have failed to pay the same in spite of my notice of demand dated 14 -12 -54 in respect of arrears of rent for the months of September, October and November 1954 received by you on the same date and another notice of demand dated 17 -1 -55 which was also received by you on the same date, I do not wish you to continue as my tenant and hereby give you 30 days notice as required by law calling upon you to vacate the premises aforesaid. You are also called upon to pay up all the arrears of rent due against you. In event of noncompliance I shall be compelled to institute a suit against you for ejectment and arrears of rent and also for damages for use and occupation at the rate of Rs. 200/ - p.m. Please note further that if I am compelled to file a suit against you, you will also be liable for all costs that may be incurred in filing the suit.
(3.) THE Respondent offered the rent in arrears on 17 -3 -55 to the Appellant who refused to accept it and subsequently instituted the suit giving rise to this second appeal on 15 -4 -55.;