NARENDRA KUMAR GUPTA Vs. BALIKA SHIKSHA SADAN

JUDGEMENT

(1.) BY means of this revision, the impugned judgment dated 27.08.2008, passed by the Additional District Judge/Judge, Small Causes Court, Dehradun, rendered in S.C.C. Suit No.6 of 1993, Narendra Kumar Gupta v. Balika Shiksha Sadan, has been challenged by the landlord/revisionist. The property, in question, bears the number 44/40 Anand Chowk, Dehradun, which was given on rent way back in 1950 by its original owner Babu Ram on a monthly rent of Rs.20/ - to Smt. Sita Devi for the purpose of running a girls' school and since that time, the school is being run under the name and style 'Balika Shiksha Sadan Junior High School' wherein almost 350 girls are pursuing their education up to VIIIth standard.

(2.) AS per the version of tenant, certain disputes and differences arose which culminated into filing of suit bearing no.108/1957, Smt. Sita Devi v. Babu Ram Lal. A compromise was effected between the parties and the learned Court decided that Suit, in terms of the compromise, on 23.4.1957. As per the said compromise, the rent of the property was enhanced to Rs.65/ - per month. Since the property was let out for running school, hence the liberty was given to the tenant/respondent to raise additional construction in the tenanted premise. The rent was further enhanced to the tune of Rs.150/ - per month and even thereafter, an application under Section 21(8) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 [hereinafter will be referred to as 'the Act'] was moved by the landlord in the Court of Additional District Magistrate for enhancement of rent, which was disposed of in favour of the landlord thereby enhancing the rent to the tune of Rs.3,650/ - per month. This enhanced rent remained final and was confirmed by the High Court vide its judgment dated 29.7.2005.

(3.) THE genesis of the Suit arose from issuing the notice by the landlord on 30.10.1992 under Section 106 of the Transfer of Property Act, thereby terminating the tenancy of lessee for default in payment of rent and other dues, as envisaged u/s 20(4) of the Act. After issuing such notice, the Suit No.6 of 1993 was instituted on 11.5.1993.