JUDGMENT

R.N. Seth, J. - The suit giving rise to the present appeal was filed by the plaintiff appellant for ejectment of the defendant and for recovery of arrears of rent and damages on the allegations that house No. 106/625 situate to Mohalia Deputy Ka Parao, Kanpur, was a post 1951 construction and Act No. III of 1947 was not applicable. It was alleged that the defendant was a tenant of a portion of this house on the first floor on a monthly rent of Rs. 20/-. The tenancy was terminated by a notice dated 19th June 1963.

2. The suit was contested on the ground that the accommodation was constructed much before 1951 and Act No. III of 1947 was applicable. The receipt of the notice and the rate of rent was admitted but it was asserted that the notice was illegal. It was further denied that any rent was due to the plaintiff.

3. The trial court decreed the suit holding that the accommodation was constructed after 1951 and that the notice was valid. The lower appellate court reversed that decree and dismissed the suit for ejectment and recovery of pendentive and future damages. The lower appellate court recorded a finding that one room and one kitchen were post 1951 construction and tee