(1.) Heard Sri Sudhansu Dhulia, Sr. Advocate, assisted by Ms. Pooja Banga, Advocate for the petitioner and learned Standing Counsel for the respondents.
(2.) By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 21st April, 2004 passed by the respondent No. 6 District Judge, Haridwar as well as the order dated 13th Dec., 2001 passed by respondent No. 6 i.e. The Judge Small Cause Court, Roorkee, District Haridwar.
(3.) Briefly stated, a suit was filed by the plaintiff/respondents praying for the eviction of the petitioner on the ground that the petitioner is the tenant of Rs. 700.00 per month and the respondent/ landlord is the owner of the property in dispute. In paragraph 4 of the plaint, it has been stated that the property in dispute was constructed in the year, 1988 and as such U.P. Act No. 13 of 1972 is not applicable to the premises. The suit was instituted on 16th April, 1997 and therefore, it was stated that the provisions of U.P. Act No. 13 of 1972 are not applicable to the building in question. Apart from the eviction of the petitioner simplicitor on the ground of having barred by the U.P. Act No. 13 of 1972, the plaintiff/respondent has also claimed that the petitioner has not paid the arrears of rent right from 1st Aug., 1995 upto 7th Oct., 1995 and a sum of Rs. 14,350.00has become due from the petitioner.