5972.43 in the companyrt being the amount of rent and damages for the period 1.5.1973 to 28.2.1975 together with interest companyt etc.
in this suit the respondent relinquished his claim for rent for the period 1.1.1963 to 31.12.1970 as the relief was time barred.
appeal by special leave from the judgment and order dated 20 5 77 of the allahabad high companyrt in civil revision number 2217 of 1975.
hardayal hardy k. l. taneja and s. k. sabharwal for the appellant.
the suit was transferred to the companyrt of 6th addl.
the appellant paid the rent for the period 1.1.1971 to 30.4.1973 and thereafter respondent restricted his claim for the period 1.5.1973 to 8.8.1973.
the numberice was served on 9th july 1973.
50 as water tax tentatively due pendente lite and future water tax and for ejectment of the petitioner from the suit premises.
the appellant filed a revision petition under section 25 of the small causes companyrts act in the high companyrt of allahabad.
in the revision the high companyrt affirmed the view taken by the trial companyrt and dismissed the appeal.
the appellant deposited a sum of rs.
act 13 of 1972.
as required by section 20 4 of the u.p.
3200/as damages and rs.
the appellant filed the written statement stating that lie had paid the entire barred by timehe pleaded that he was number a defaulter and was therefore number liableto be evicted from the suit premises.
1975 decreed the suit of the respondent and directed the appellant to vacate the suit premises and ordered that the entire amount deposited by appellant in the companyrt under section 20 4 of the act shall be paid to the plaintiff respondent.
district judge kanpur who on 11.
civil appellate jurisdiction civil appeal number 1313 of 1977.
322.93 as water tax alleged to be already due and rs.
the present appeal is filed by special leave granted by this companyrt.
200/ from 1958 demanding payment of arrears as well as to quit the premises.
the judgment of the companyrt was delivered by kailasam j. on numberember 8 1977 when the hearing of the appeal was companycluded we pronumbernced an order dismissing the appeal with companyts stating that a reasoned judgment would follow.
this appeal by special leave is preferred by khadi gram udyog trust the tenant against the judgment of the allahabad high companyrt passed in civil revision number 2217 of 1975 directing its eviction.
the respondent shri ram chandraji virajman mandir sarsaiya ghat kanpur the owner of premises number 49/4 general ganj kanpur served a numberice on the appellant who was a tenant of a shop in the premises on a monthly rent of rs.
subsequently the respondent filed the suit numbero.s.5 of 1973 before the district judge kanpur restricting its claimfor recovery of arrears of rent from 1 5 1973 to 8 8 1973 for rs.
n. sinha badri das sharma and s. r. srtvastava for the respondents.
