SURESH CHANDRA JOSHI Vs. SHYAM SUNDER JAISWAL

JUDGEMENT

(1.) Landlord/revisionist, herein, is assailing the judgment and decree dated 30.03.2011 passed by JSCC, Nainital whereby suit filed by the landlord/revisionist seeking eviction of the tenant was dismissed holding that provisions of U.P. Act No. 13 of 1972 are applicable and no ground is made out for eviction of the tenant under Sec. 20 of the U.P. Act No. 13 of 1972.

(2.) Tenant/respondent, herein, is in possession of 6 shops. As per written statements, all the six shops were taken by the tenant on rent at different point of time, therefore, all the shops have different tenancy, however, composite monthly rent of INR 5175.00 is being paid by the tenant to the landlord.

(3.) It was admitted by the tenant/respondent, during the recording of statement on oath, that all the six shops do not have permanent wall in between them and all the six shops have only temporary partition made up of plywood and glass. It is further admitted that initially, rent of shops was paid separately, however, on the request of landlord, composite monthly rent of INR 5175.00 was agreed to be paid.