( 1 ) THIS is a landlords second appeal against the decree of the Second Temporary Civil Judge, meerut, dismissing his suit for the ejectment of the tenant. The plaintiff-appellants alleged in their plaint that they had let out a house to the defendant-respondent Gopi Nath on a rent of Rs. 11/8/- p. m. The defendant-respondent stopped paying rent after 3oth November, 1952. The landlord sent a notice of demand but the arrears were not paid; hence the suit. The defendant resisted the suit and raised a number of pleas. He contended that his son was the tenant and not he, and the contract of tenancy was with the son. He also alleged that his son had taken the house in a dilapidated condition and the landlord permitted him to construct a new baithak and instal a gate and adjust the cost against rent which was enhanced by agreement from Rs. 5/- to 11/8/- p. m. The defendant claimed that a sum of Rs. 302 /- had been spent on these constructions and improvement and this sum was adjustable against the rent. But as the rent was not as much as the amount spent on the constructions no rent was due and no default committed.

( 2 ) THE trial Court held that the defendant and not