JUDGMENT

Satish Chandra, J. - This is a plaintiff's appeal. The suit was for recovery of arrears of rent.

2. The accommodation in dispute fell vacant on 10th March, 1957. The Post Master applied to the Rent Control Officer for the allotment of that house for the Post Office. On 29th March, 1957, the Rent Control Officer passed an order allotting it to the Post Office. The plaintiff's case was that the Post Office occupied the accommodation the same day. It wanted the landlord to make some repairs and reconstructions. The same were carried out, but nonetheless the Post Office did not actually shift and start working in the building till 16th March, 1958. The plaintiff claimed that the defendant Union of India was liable to pay arrears of rent from the date of the allotment order till March, 1958, the period for which they refused to pay any rent.

3. In defence, it was pleaded that it was agreed between the landlord and the Postal authorities that the landlord would build a tin shed and a verandah in the building and then alone the Post Office would take possession and would be liable to pay rent. All this did not happen till the 16th March, 1958. The plaintiff was not entitled to any