JUDGMENT :- This is a defendant tenant's appeal from a decree of her eviction from a house, for recovery of arrears and damages.

2. It appears that the father of the defendant appellant in 1938 took on lease the premises in suit, commonly described as Garden House, situate in a decent locality of Varanasi City, from the father of the plaintiff respondent at a monthly rent of Rs. 75/- for residential purposes. In course of time the father of the plaintiff as well as of the defendant died. The plaintiff as the heir became the owner of the premises in suit and the defendant as heir of her father succeeded to the tenancy. In due course the rent was increased to Rs. 125/- per month. The plaintiff was married to a gentleman who was residing outside Varanasi with the family being in service. When the plaintiff's husband retired from service the family came back to Varanasi and the plaintiff was desirous of securing residence in her own property, that is, the Garden House, the premises in suit. She made an application under Section 3 of U. P. Act 3 of 1947 before the Rent Control and Eviction Officer for grant of permission to bring a suit for eviction of the defendant tenant. This applicat

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