RAJENDRA SINGH Vs. SEESH PAL SINGH

JUDGEMENT

(1.) This is the landlord's second appeal. A suit No. 12 of 1999 was filed before the Civil Judge (J.D.), Tehri Garhwal by the landlord/plaintiff for getting a decree of eviction against the defendant/respondent, which was dismissed vide order dated 27.04.2006. Aggrieved by the said order, the appellant, preferred an appeal before the District Judge, Tehri Garhwal, which was also dismissed vide order dated 13.09.2007. This Court admitted the appeal vide order dated 29.08.2013 on the following substantial questions of law:--

(2.) Before the trial court, following issues were framed:--

(3.) Regarding first issue, it was decided by the trial court that the provisions of UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 are not applicable in the matter. However, regarding second issue giving of rent and damages is concerned, the trial court was of the view that the petitioner has already depositing the rent in the court, therefore, there were no dues of rent from the tenant. Regarding third issue, the trial court came to the conclusion that although there was no agreement between the parties for tenancy and the defendant had taken a loan from the Bank in which a guarantee was given by the plaintiff/appellant saying that till he deposits the entire loan to the Bank, he (appellant) will not evict the tenant (defendant) from the premises in question, as such it came to the conclusion that such an undertaking given by the plaintiff, the notice given by the plaintiff to terminate the tenancy is not a valid notice to terminate the tenancy of the defendant.