SIRAJ AHMAD SIDDIQUI Vs. PREM NATH KAPOOR

JUDGEMENT

(1.) Special leave to appeal granted.

(2.) This appeal impugns the judgment and order passed by a learned single Judge of the Allahabad High Court in its civil revisional jurisdiction. Thereby the revision application filed by the appellant was dismissed but it was ordered that subject to compliance with certain conditions, the appellant should not be evicted from the shop in suit for a period of four months.

(3.) Briefly stated, the facts are that the respondent, the landlord of the shop in suit, filed against the appellant, its tenant, a suit for ejectment and for recovery of rent which was alleged to be in arrears since 1st Nov., 1980. The appellant contested the correctness of the averments in the plaint. He also claimed the benefit of Section 20(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to "as the said Act"). The trial court, after evidence was recorded and arguments heard found that the appellant was not entitled to the benefit of Section 20(4) of the said Act and decreed the suit. The revision application filed by the appellant was as aforesaid dismissed.