Judgment

J. L. KAPUR, J. : This is an appeal by special leave against the decision o the High Court of Judicature at Allahabad passed in revision under S. 115 of the Code of Civil Procedure. The landlord who was the plaintiff in the trial court is the appellant before us and the tenant who was the defendant is the respondent.

2. The facts of this appeal are that in 1938 the respondent took on rent the accommodation in dispute which is termed a tal on a monthly agreed rent of Rs. 21-4 as. and was using the same for the purpose of stacking timber. A portion of it was a covered godown which had three walls and a kucha roof. On January 28, 1950, the appellant made an application to the House Allotment Officer under S. 3-A of the U. P Temporary Control of Rent and Eviction Act (U. P. III of 1947) (hereinafter termed the Act) for the fixation of "reasonable annual rent" of the accommodation in dispute. He therein alleged that in January 1949 he had "constructed anew" a big godown 80 x 25 x 11 feet according to the instructions of the respondent and expended a fairly large sum of money on it and was therefore entitled to a monthly rent of Rs. 165. The House Allotment Officer fixed on Febr