HARIDEV MISRA vs JAMUNADAS AGARWAL & ORS.

The Supreme Court held that under Sections 3(i) and 20(2)(a) of the U.P. Urban Building (Regulation of Letting Rent and Eviction) Act, 1972, a landlord cannot raise a new plea regarding the tenancy being for a furnished house after the suit has commenced. The Court found that the landlord's claim of Rs.70 as rent was contradicted by the tenant's evidence of Rs.40 for house rent and Rs.30 for furniture, as reflected in the receipts. The appeal was allowed, and the Revisional Court's finding was deemed erroneous.