( 1 ) SHYAM Sunder Lal filed suit No. 139 of 1954 in the court of Munsif Unnao South, exercising jurisdiction of Judge Small Causes, claiming a decree for Rs. 240/- from Lakshmi Narain on account of rent from 1st of December, 1952 to 31st July, 1954. The plaintiff alleged that the defendant was his tenant at Rs. 12/- per mensem and had not paid the amount despite demand. The defence was that the rent up to February, 1954 had been paid up. It was further pleaded that the agreement regarding payment of rent was itself void and the plaintiff could not recover the amount. The reason for the agreement being void was that it was entered into in contravention of the express provisions of the U. P. (Temporary) Control of Rent and Eviction Act (U. P. Act III of 1947 ). The plaintiff refuted the suggestion that U. P. Act III of 1947 was applicable to the building and pleaded that the building had been constructed in january, 1951. The learned trial Judge thereupon framed the following issues:

1. Whether rent from 1st of December, 1952 to the end of February 1954 is due to the plaintiff or it has been paid off by the defendant as alleged? 2. Whether the contract of tenancy is v