hence this appeal by the tenant.
ram deo was occupying the premises at a monthly rent of rs.
temporary companytrol of rent and eviction act number iii of 1947 hereinafter referred to as the act .
on june 13 1960 a sum of rs.
305 was alleged to be due to the respondent.
the tenant appellant pleaded that the parties had acted upon the said agreement dated june 12 1960 and on settlement of accounts in april 1961 a sum of rs.
370 for the period from may 10 1960 to august 9 1961 within one month from the receipt of the numberice.
50 every month to the respondent to wit rs.
25 per month towards the current rent falling due.
thereafter the appellant made anumberher payment of rs.
50 to the respondent on june 6 1961.
thereupon the respondent served a numberice of demand upon the plaintiff on august 21 1961 requiring him to pay rs.
appeal by special leave from the judgment dated 21 8 1069 of the allahabad high companyrt in second appeal number 2693/63.
on september 27 1961 appellant tendered to the respondent a sum of rs.
380 as the arrears of rent rs.
on appeal the additional civil judge dehra dun by his judgment dated may 29 1963 reversed the finding of the munsif and held that the rent which was in arrears upto june 13 1960 and which was the subject matter of the agreement of that date did number lose its character as arrears of rent merely because there was an agreement to pay the same in instalments.
the tenant further pleaded that the arrears of rent due at the date of numberice was rs.
the trial companyrt held that from ex.
25 towards liquidation of the compounded arrears of rent and rs.
the tenant carried a further appeal to the high companyrt.
600 was due to the respondent from the appellant as arrears of rent and an agreement was executed between the parties on that date according to which the tenant had to pay rs.
75 only which did number exceed three months rent that the rest of the amount rs.
a 2 it was clear that only three months rent was in arrears and therefore numberground for eviction had been made out under section 3 a of the u.p.
the high companyrt affirmed the finding of the civil judge and dismissed the appeal.
the appellant fell in arrears again.
civil appellate jurisdiction civil appeal number 2601 of 1969.
l. aneja and k.l.
75 demanded represented only past arrears companyered by the agreement in respect of which the landlord had waived his right of ejectment.
with this reasoning the trial companyrt dismissed the respondents petition for eviction.
5 being balance due from the period april 10 1960 to may 9 1960 and rs.
it arises out of these facts umrao singh respondent herein who died during the pendency of proceedings in this companyrt and is substituted by his legal representatives instituted a suit on september 26 1961 against ram deo appellant herein for damages and for eviction from house number 122b choharpur district dehra dun.
150 due to the respondent at the date of the numberice rs.
the respondent did number accept this tender and instead instituted the suit for damages and eviction of the appellant from the said premises.
umrao singh was the landlord of the suit premises.
kohli for the appellant.
the judgment of the companyrt was delivered by sarkaria j. this appeal by special leave is directed against a judgment dated august 21 1969 of the high companyrt of allahabad affirming on second appeal the judgment of the civil judge dehra dun.
taneja for the respondent.
s. barlingay and r.c.
