SANTOSH KUMAR CHAUHAN Vs. HEMRAJ SAHNI

JUDGEMENT

(1.) THE impregnability of the judgment and order dated 9.4.2008, rendered by learned Second Additional District Judge, Dehradun in S.C.C. Suit No.12 of 1998, Hemraj Sahni v. Santosh Kumar, is under challenge before this Court. By the said judgment, the suit of the landlord Hemraj Sahni was decreed against the tenant Santosh Kumar, wherein he is the tenant of a shop and carrying his business of various electrical repairing. Learned court below has held that the property, in question, is out of the purview of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter will be referred to as 'the Act'), hence the tenant is liable to be evicted only on the grounds of arrears of rent due on him.

(2.) PUT briefly, the Suit was filed way back on 17.6.1998 but the learned court below dismissed the same on 27.9.2005, holding the applicability of the Act in affirmation. So, it was found that the landlord could have instituted a Suit only on the specified grounds, as has been envisaged under Section 20 of the Act. Thereagainst, Civil Revision No.114 of 2005 was preferred by the landlord which was allowed by another Judge of this Court on 9.4.2007 with the finding that no specific evidence was available on record disclosing as to when this building was constructed, whether it was before or after the date 26.4.1985.

(3.) IT would be relevant to mention here that if the said shop was constructed on or before 26.4.1985 then the only course available to the landlord for evicting the tenant was to institute a Suit for eviction under the Act. At the same time, if the shop was constructed after the aforementioned date, then the only course available for the landlord is to institute a Suit for the arrears of rent.