VINEET KUMAR Vs. MANGAL SAIN WADHERA

JUDGEMENT

(1.) The present appeal by special leave is directed against the Judgment of the High Court of Allahabad dated 20th July, 1983 disposing of a revision under S. 25 of the Small Cause Courts Act arising out of suit for eviction of the appellant from. the premises in suit.

(2.) The respondent filed a suit for eviction and for arrears of rent and damages for use and occupation pendente lite and future on the allegation that the appellant was inducted as a tenant of the premises in suit on a monthly rent of Rs. 250/- on 7th February, 1972, that the building in suit was constructed in 1971 under the co-operative housing scheme of the State Bank of India for which the Bank advanced loan. The building in suit was assessed to house and water tax on 1st October, 1971 and as such the building was not covered by the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the new Rent Act for short), and that the defendant defaulted in the payment of rent despite notice dated 24th March, 1977. The, appellant (Respondent ), therefore terminated the tenancy of the appellant.

(3.) The claim was resisted by the appellant on the ground that the building in question was constructed in 1968 and that it was covered by the new Rent Act. His further stand was that rent had been cleared up to 6th April, 1977 and there was no default in the payment of rent. He also challenged the service and the validity of the notice terminating his tenancy. The appellant also claimed the adjustment of Rs. 1,000/- spent by him towards the repairs of the premises. By a later amendment it was further pleaded that the plaint having not been amended so as to bring the suit under the provisions of the new Rent Act the suit was barred by S. 20 of the Act.