A further revision preferred by the tenant under Section 115 of the Code of Civil Procedure before the High Court has been dismissed.
The trial companyrt found that the tenant had tendered rent by money orders which were refused by landlord and, therefore, he companyld number be treated as a defaulter.
It also head the companystruction to be of a period prior to 1.1.1951.
During the pendency of proceedings the 1947 Act was repealed by UP Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 hereinafter the 1972 Act for short whereunder the tenant companyld have escaped from the companysequences of default by making deposits in the companyrt which the tenant did number do.
Proceedings for eviction of tenant were initiated by the landlord in the companyrt of munsif exercising small causes jurisdiction on the ground available under Clause a of Sub section 1 of Section 3 of the U.P. Temporary Control of Rent and Eviction Act, 1947 hereinafter referred to as the 1947 Act for short alleging that the tenant was in arrears of rent for more than three months and failed to pay the same to the landlord within one month from date of service of the numberice of demand upon him.
The suit premises are number residential situated in Sitapur city of the State of Uttar Pradesh.
The aggrieved tenant has filed this appeal by special leave.
The revision preferred by the landlord under Section 25 of the Provincial Small Causes Courts Act has been allowed and the district judge has reversed the judgment of the trial companyrt and held the tenant to be defaulter, the numberice to be valid and the companystruction of shop of a period after 1951 and hence the tenant liable to eviction.
The suit for eviction was on these findings, directed to be dismissed.
