RAMESH CHANDRA Vs. III ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This appeal is preferred by the landlord against the judgment and order of the Allahabad High Court allowing Civil Miscellaneous Writ No. 6510 of 1979 filed by the respondent-tenant.

(2.) The petitioner instituted a suit for eviction of the respondent-tenant in the year 1977. According to him, the house was constructed in 1968 and, that the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') did not apply to it. The suit was preceded by a notice under S. 106 of the Transfer of Property Act terminating the respondent's tenancy. The respondent-tenant resisted the suit contending that the building was an old construction to which the Act was applicable. He submitted that since none of the grounds mentioned in sub-sec. (2) of S. 20 were made out, decree for ejectment cannot be passed.

(3.) The trial Court dismissed the suit holding that the Act applied to the house and because none of the grounds contemplated by Section 20(2) was made out, the suit must fail. It was held that the tenant was entitled to the benefit of Section 39 of the said Act. A further finding recorded was to the effect that the defendant was not in arrears of rent for a period of four months as alleged by the petitioner-landlord and, therefore, the notice issued under Section 106 of the Transfer of Property Act was invalid.