B. L. Yadav, J.

1. The tenant, present appellant (the defendant) has filed this Second appeal against the judgment and decree dated 28th August 1973 passed by 2nd Additional Civil Judge Aligarh, allowing the appeal and setting aside the decree and dismissing the suit of the plaintiff for recovery of rent and ejectment of the respondents from a shop detailed in the foot of the plaint.

2. The facts of the case are almost admitted. The shop in dispute was constructed in the year 1962 the defendant respondent was its tenant with rent of Rs. 12.50 per month. The tenancy was to commence from 29th of every month and the rent was paid upto 28th July, 1969 but thereafter inspite of demands and reminders no rent was paid. Therefore the plaintiff did not want the defendant to continue as tenant and the notice terminating the tenancy was served on the defendant respondent. The defendant did not vacate the premises even after the service of the notice nor paid the rent hence the suit was filed. The suit was contested by the defendant respondent alleging that it was pre 1950 construction hence provisions of U.P. Act No. 3 of 1947 were attracted and the plaintiff refused to accept the ren