JUDGMENT:- This is an appeal against the order dated 8-9-1965 of Sri S.K. Rai. Civil Judge. Allahabad, allowing the defendants appeal in part and decreeing the plaintiffs suit for the recovery of Rs. 31/- as arrears of rent and possession.

2. The suit giving rise to this appeal was filed by the plaintiff-respondent against the defendant-appellant for the recovery of Rs. 59/- as arrears of rent and Rs. 9/- as damages for use and occupation and ejectment in respect of a house detailed in the plaint on the allegations that the defendant was a tenant of the plaintiff in the house in dispute on a monthly rent of Rs. 15/- and Rs. 930/- were due from the defendant to the plaintiff for arrears of rent for the period between 1-1-1959 and 31-3-1964 after crediting the amount of Rs. 111/- sent by the defendant by money order and Rs. 54/- paid by the defendant towards House Tax and Water Tax. The plaintiff terminated the tenancy of the defendant by a notice dated 7-5-1964. Hence the suit.

3. The defendant resisted the claim on the ground that the correct rate of rent as Rs. 5/- Per mensem. It was alleged that the plaintiff had filed a previous suit No. 272 of 1961 for arrears of rent for the per

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