JUDGMENT

KAILASAM, J. :—On November 8, 1977 when the hearing of the appeal was concluded we pronounced an order dismissing the appeal with costs stating that a reasoned judgment would follow. We now proceed to give our reasons.

2. This appeal by special leave is preferred by Khadi Gram UdoygTrust, the tenant against the judgment of the Allahabad High court passed in Civil Revision No. 2217 of 1975 directing its eviction. The respondent Shri Ram Chandraji Virajman Mandir, Sarsaiya Ghat, Kanpur, the owner of premises No. 49/4 General Ganj, Kanpur, served a notice on the appellant who was a tenant of a shop in the premises on a monthly rent of Rs. 200/- from 1958 demanding payment of arrears as well as to quit the premises. The notice was served on 9th July, 1973. Subsequently the respondent filed the suit No. O.S. 5 of 1973 before the District Judge, Kanpur, restricting its claim for recovery of arrears of rent from 1-5-1973 to 8-8-1873, for Rs. 3200/- as damages and Rs. 322.93 as water tax alleged to be already due and Rs. 50 as water tax tentatively due pendente lite and future water tax and for ejectment of the petitioner from the suit premises. In this suit the respondent relinqui