Judgement

GAJENDRAGADKAR, C.J.I.: These two cross appeals arise from a suit filed by Chandramaul (hereinafter called the plaintiff) against Bhagwati Prasad (hereinafter called the defendant) in the Court of the Second Civil Judge, Kanpur. The plaintiff alleged that he was the owner of house No. 59/8, Nachghar, Birhana Road, Kanpur, and that he had let out the said house to the defendant as his tenant. According to the plaint, the plaintiff and the defendant were friends and enjoyed mutual confidence. As the house was being constructed, the defendant wanted some premises for residence, and so, when the ground floor was constructed he was let in as a tenant by the plaintiff on a monthly rent of Rs. 150 in 1947. In 1948, the first floor was completed and the defendant took that portion as well as tenant on an additional rent of Rs. 150 p.m. By 1950, another floor had been added and the defendant was given the said floor as well on a further additional rent of Rs. 150 p.m. Thus, the defendant was in possession of the house as a tenant of the plaintiff on the condition that he was to pay Rs. 450 p.m. as rent. The defendant continued to pay this rent and was not in arrears in that behalf