ATIQUR REHMAN Vs. SMT. SHASHI BALA JAIN

JUDGEMENT

(1.) This revision, preferred under Sec. 25 of the Provincial Small Cause Courts Act, 1887, is directed against the judgment and decree dated 27 -04 -1987, passed by learned Judge, Small Causes Court/Addl. District Judge, Dehradun in Small Causes Court Suit No. 26 of 1983, whereby the said suit for arrears of rent and ejectment of the Defendant from the shop in suit is decreed.

(2.) Brief facts of the case are that the Plaintiff/Respondent is the landlady of the property No. 1/107, New Jain Market, Vikas Nagar, Dehradun. In said property in one of the shop Defendant/revisionist was the tenant. As per the plaint case, provisions of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (for brevity, hereinafter, the Act No. 13 of 1972) were not applicable to the building on the date of the institution of the suit as the construction was new. The Plaintiff vide notice dated 22 -05 -1983 terminated the tenancy of the Defendant after 30 days of service of notice and claimed arrears of rent in respect of which alleged default was committed by the Defendant. Said notice was served under Sec. 106 of the Transfer of Property Act, 1882. The Defendant contested the suit and filed the written statement before the trial court, in which it is pleaded that the building is old and provisions of the Act No. 13 of 1972 are applicable. The Defendant has pleaded that the shop was constructed in the year 1968, as such it had already completed ten years when the suit was instituted in the year 1983. The Defendant further denied having committed any default in payment of rent. It is alleged by the Defendant/revisionist before the trial court that he has deposited the rent due in the court of Munsif, Dehradun under Sec. 30 of the aforesaid Act as the landlady refused to accept the same.

(3.) The trial court formulated following points of determination while deciding the case: