S. R. Singh, J.

1. Present petition plods it way to this Court out of the suit instituted for eviction from the premises in dispute namely, the first floor of house No. 110/93 situate in Ram Krishna Nagar, Kanpur Nagar, comprising two rooms, kitchen, bathroom and latrine and recovery of arrears of rent, damages and mesne profits.

2. THE accommodation in question was tenanted by the petitioner on a monthly rent of Rs. 150/ -. THE petitioner was remiss in payment of rent since 9.6.1993 and as a result thereof, his tenancy came to be determined by means of notice dated 7.6.1983 and suit for the aforestated reliefs was instituted on 27.2.1984. THE petitioner candidly admitted the tenancy. He however, alleged that the rent of the accommodation was Rs. 757-and not Rs. 150/-as set out in the plaint and further that the building in question was constructed in the year 1972 and not in the year 1975 as alleged in the plaint and, therefore, it came within the purview of the U. P. Urban Building (Regulation of Letting, Rent and Eviction) Act 13 of 1972. Invalidity of notice was also pleaded by the petitioner in his written statement on the ground that the boundary of the accommodati