Judgment

Altamas Kabir, J.—The appellants are the legal heirs of the respondent-tenant and the respondents are the landlord-plaintiffs.

2. One Jagdish Prasad, the father of the appellants in these two appeals was granted a tenancy of a shop room situated at Mohalla Bhoop Singh, Kasba Jaspur, District Nainital by the Respondents-plaintiffs at an agreed rent of Rs. 600/- per year. Since the shop room was in a dilapidated condition, the tenant requested the landlord to get the shop renovated and to fix a shutter in the shop but the landlord did not agree to such a proposal and asked the tenant to get the shop repaired at his own costs and consequently increased the rent to Rs. 1,200/- per year. It is the case of the tenant that at the relevant time the tenant fell ill an could neither repair the shop nor fix the shutter as agreed till the year 1989 but the landlord insisted on payment of the increased rent at the rate of Rs. 1,200/- per year since 1986. According to the tenant, the increased rent was to be paid for the improvement in the shop room but since the repair work could not be done till 1989, the landlords agreed to receive rent at the rate of Rs. 75/- per month instead of Rs.