JHONY Vs. DINESH KUMAR

JUDGEMENT

(1.) We have heard learned Counsel for the parties. We are concerned with Shop No. 142/1, Mohalla Gajawali, Sarwat Road, Tehsil & District Muzaffarnagar of which the Appellant is the landlord.

(2.) The case of the Appellant is that the Respondent-tenant had not paid rent for the period from 1st November, 1992 to 17th March, 1993. Accordingly, the Appellant filed a suit for eviction of the Respondent and prayed that rent along with Water tax at the rate of 10% together with 9% interest during the pendency of the suit be paid to him. It was also prayed that possession of the shop be handed over to him. The Appellant also prayed for pendente lite mesne profits and costs.

(3.) In the suit, two issues arose for consideration. The first issue was whether the Appellant was a minor when the suit was filed and the second issue was whether the suit was maintainable in a Civil Court in view of the provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short 'the Act').