- (1.) This is a tenant's appeal in a suit for ejectment and arrears. The plaintiff-respondent instituted the present suit for the ejectment of the defendant-tenant on the ground of default. The defendant-appellant was a tenant on payment of Rs. 12/- per month. It appears that on 7th August, 1965 a letter was sent to the defendant-appellant intimating him that five months rent was due and that he should pay the same as soon as possible. This letter was received by the tenant on 18th August, 1965. The tenant remitted the amount of rent due on 18th September, 1965 which was refused by the landlord on 27th September, 1965. The tenant although has remitted the entire rent due but did not remit the Bhoom Bhawan Kar as demanded by the landlord. After a lapse of more than one month from the receipt of the letter the landlord again sent a notice under Section 106 of the Transfer of Property Act to the defendant on 7th October, 1965 determining his tenancy and demanding the rent due till the date of the determination of the Tenancy. It appears that on 20th October, 1965 the tenant sent through money order a sum of Rs. 23.40 P. as Bhoom Bhawan Kar to the landlord but the same was refused. Again on 2nd November, 1965 money order for Rs. 107.40 p. was sent to the landlord who again refused the same. It is after this that the present suit was instituted on 14th November, 1965 claiming the arrears as well as the ejectment of the defendant as already staetd above on the ground of default.
(2.) This claim was resisted by the defendant mainly on the ground that defendant was not in default. The defendant had also taken the plea of non-joinder of necessary party and that the notice served was invalid and had been waived.
(3.) On the pleadings of the parties relevant issues were framed by the trial Court. The trial Court decreed the suit for recovery of the arrears of rent as well as the Bhoom Bhawan Kar as claimed but dismissed the suti for ejectment on the ground that there was no valid notice as contemplated by Section 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act.;