Judgment

MISRA, J. :- The present appeal by special leave is directed against the Judgment of the High Court of Allahabad dated 20th July, 1983 disposing of a revision under S. 25 of the Small Cause Courts Act arising out of suit for eviction of the appellant from. the premises in suit.

2. The respondent filed a suit for eviction and for arrears of rent and damages for use and occupation pendente lite and future on the allegation that the appellant was inducted as a tenant of the premises in suit on a monthly rent of Rs. 250/- on 7th February, 1972, that the building in suit was constructed in 1971 under the co-operative housing scheme of the State Bank of India for which the Bank advanced loan. The building in suit was assessed to house and water tax on 1st October, 1971 and as such the building was not covered by the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the new Rent Act for short), and that the defendant defaulted in the payment of rent despite notice dated 24th March, 1977. The, appellant (Respondent?), therefore terminated the tenancy of the appellant.

3. The claim was resisted by the appellant on the ground that th