CHANDAN SINGH GINWAL Vs. BADRI DUTT JOSHI

JUDGEMENT

(1.) BY the present revision the applicant has prayed for setting aside the order dated 28.8.1999 by which the suit of the plaintiff has been dismissed.

(2.) BRIEFLY stated, a suit was filed by the plaintiff for ejectment on the ground that he is owner and landlord of the building known as Glemco Outhouse Mallital, Nainital. In one of the rooms of this Outhouse located at ground floor the defendant is the tenant at the monthly rent of Rs. 600/ -. According to the case of the plaintiff -applicant he purchased the building on 27.7.1991 and on the request of the defendant the same was given on the monthly rent of Rs. 600/ - to the defendant. In the last week of November, 1991 Rs. 600/ - was settled since December, 1991. The plaintiff has submitted that not even a single penny towards rent was paid by the defendant and alleged that the rent was Rs. 150/ - per annum. The defendant has also filed a suit restraining the plaintiff from evicting forcibly.

(3.) SO far as point No. 2 with regard to the default under Section 20 (2) (a) of U.P. Act No. 13 of 1972 is concerned the learned J.S.C.C. has recorded a finding that since the tenant has incurred expenses of Rs. 4976.63p. in restoring the electricity and water connection on the tenanted premises, there is no default. D.W, 1 Chandan Singh was examined and a perusal of his statement shows that there is nothing in his statement that he has invested the said amount to get the benefit towards the rent. The J.S.C.C. has mentioned that in pursuance of the order passed by the Prescribed Authority the defendant has invested the amount. A perusal of the order dated 27.5.1995 only shows that the same will be made available to the plaintiff and only half of the amount will be borne by both the parties. The J.S.C.C. while giving the benefit has neither recorded any findings with regard to the ingredients contained under Section 20 (2) (a) of U.P. Act No. 13 of 1972. The same is quoted below: '20 (2). A suit for eviction of a rent from a building after the determination of his tenancy may be instituted on one or more of the following grounds, namely; (a) that the tenant is in arrears of rent for not less than four months, and has failed to pay the same to the landlord within one month from the date of service upon him of a notice of demand.'