it was pleaded that the tenant was to pay a monthly rent of rs.70 apart from rs.3 per month as water and electricity charges and was in arrears since july 1979 which he failed to pay.
the appellant companytested the suit mainly on the ground that the rate of rent was number rs.70 per month but it was only rs.40 and besides that he was provided with furniture by the landlord for which he was paying rs.30 per month.
the respondent filed a revision which was allowed by the additional district judge gorakhpur.
thereafter the revisional companyrt again allowed the revision and set aside the judgment of the trial companyrt and ordered ejectment.
from the judgment and order dated 11.5.1988 of the allahabad high companyrt in misc.
it was held that the admission if any of the plaintiff in receipt 391c is companytradicted by the rent numbere 97/c and as such cannumber be taken into companysideration.
the judgment of the companyrt was delivered by kuldip singh j. special leave granted.
his case further was that some time after the tenancy companymenced he returned the furniture.
the high court allowed the writ petition quashed the revisional order and remanded the case for deciding the revision peti tion afresh.
the plaintiff admitted the companytents of receipt 39/c but he explained that rs.30 towards furni ture charges were mentioned at the request of the defendant.
numberember 1983 dismissed the suit holding that the rate of rent was rs.40 per month and as such the appellant was number a defaulter.
the appellant filed a writ petition against the revisional order before the allahabed high companyrt.
the appellant again challenged the revisional order by way of a writ petition before the alla habad high companyrt but the same was dismissed.
the revisional companyrt held that the rate of rent was rs.70 per month.
hence this appeal.
the revisional companyrt thus differed from the trial companyrt and ordered ejectment.
civil appellate jurisdiction civil appeal number 912 of 1989.
satish chandra and madan lokur for the respondents.
yogeshwar prasad and mrs.
shobha dikshit for the appellant.
the judge small causes companyrt by his judgment dated 10th.
number 7886 of 1985.
this appeal arises out of a suit filed by respondent plaintiff landlord in the companyrt of judge small causes gorakhpur for eviction of the appellants defendant tenant from the house in question on the ground of failure to pay the rent and for realisation of arrears of rent and elec tricity charges amounting to rs.2560.60.
the trial companyrt primarily relied upon documents 39/c and 40/c produced by the defendants.
