JUDGMENT :- This is a defendant's second appeal. The respondent filed a suit for ejectment of the appellant from flat No. 1 over bunglow No. 3 C. Y. Chintamani Road, Allahabad, and for recovery of Rs. 110/- as arrears of rent along with pendente lite and future mesne profits for use and occupation. The plaint allegations were that the accommodation in suit was constructed in the year 1958 and was let out to the defendant on a monthly rent of Rs. 40/-, that the house being new, the U. P. Control of Rent and Eviction Act did not apply, that as the defendant did not pay rent, notice of demand and ejectment was issued to him, that on receipt of the notice the defendant paid the arrears of rent upto August 31, 1962, but ?(complete line)

2. In defence the appellant contended that he was originally a tenant in the main bunglow and the plaintiff wanted to let out the same to the Accountant-General, U. P., and so requested the appellant to shift to the accommodation in suit on the same terms and conditions as applied to the previous tenancy, that the plaintiff assured the defendant that the latter could live as long as he desired and receive the same facilities which he had enjoyed in the pr

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