PUNJAB NATIONAL BANK LTD Vs. TEJ PRAKASH

JUDGEMENT

(1.) Small Cause Courts Revision No. 18/2003 is filed by the tenant Punjab National Bank and Revision No. 2l/2003 is filed by the landlord Sri Tej Prakash. Both these revisions arise out of common judgment passed on 22 -2 -20m by the then Judge Small Cause Courts/Additional District Judge/ F.T.C. Dehradun in Small Cause Courts Suit No.7 i1998. Landlord's suit for ejectment. recovery of arrears of rent and mesne profits was decreed mainly on the basis of the findings that the building in question is exempt from the operation of V.P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 ( for short 'Act') as its monthly rent exceeds Rs. 2000/ -; that the tenancy stand terminated by notice dated 23 -1 -1998 while rejecting the tenant's plea of defective notice as well as its waiver by acceptance of rent and that the tenant thereof is liable to be evicted and to pay the arrears of rent etc (directed to be adjusted against the deposits made in the court by the tenant).

(2.) THE submissions of the learned counsel for the parties give rise to the following points for determination in these revisions:

(3.) POINT No. 1: - S.C.C. Suit was filed on 12 -5 -1998. On landlord's application under Section 21(8) of the 'Act' the District Magistrate by his order dated 28 -6 -87 enhanced the rent from Rs. 530/ - to Rs. 3.998/ - per month. The appellate court by judgment and order dated 23 -8 -1988 modified the said order and rent stand enhanced to Rs. 3,878/ - only per month. The tenant preferred a writ petition against the said judgment wherein. on 28 -10 -1988 partial stay of payment of rent to the tune of Rs. 878/ - was granted and the tenant was obliged to deposit the rent in court @ Rs.3000/per month. The said order dated 28 -10 -1988 was however vacated on 19 -5 -1999 and the writ petition itself was subsequently dismissed on merit on 4 -11 -1999. These facts are not in dispute.