JOGENDRA MITTAL Vs. INDIRA DEVI

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 24 -01 -2004 passed by Judge, Small Cause Court / A.D.J. / III F.T.C., Haridwar in Suit No. 10 of 1988, Smt. Indira Devi Vs. Jogendra Mittal.

(2.) BRIEF facts of the case are that the opposite party - Smt. Indira Devi filed a suit against the revisionist for recovery of arrear of rent and ejectment from the premises in question on the ground that Jogendra Mittal was a tenant in the accommodation in question on rent @ Rs. 225/ - per month. The water tax and other tax pertaining to the accommodation in question was to be paid by the tenant. For the first time the property was assessed for the purposes of tax in year 1987, although, the property in question was constructed in the year 1981 -82. The accommodation in question had been in the tenancy of Jogindra Mittal (revisionist) since 1982. Hence the provisions of U.P. Act No. 13 of 1972 were not applicable.

(3.) AS the tenant did not pay the rent of the accommodation in question w.e.f. 01 -09 -1987 to 29 -02 -1988 hence the notice was sent by the landlady on 21 -03 -1988 which was received by the tenant/revisionist by 22 -03 -1988 but even then the tenant neither paid the rent nor evicted the property in question, hence the suit.